You are now reading Duma’s Terms of Service, meaning the contract between you and Duma when you use Duma’s site and services. You should read this carefully before you use Duma. We have tried to be fair and straightforward. If you have any questions or suggestions, feel free to email us or click here.
Valid as of September 8, 2012

ACCEPTING THE TERMS OF SERVICE

This Terms of Service and the Privacy Policy (collectively, the “Agreement”) is a contract between you and Duma and applies to your use of www.dumaworks.com and www.duma.co.ke (collectively, the “Site”) and our application for mobile devices (the “Application”). Please read this Agreement carefully before using the Site or the Application (collectively, the “Services”). You can read the Privacy Policy below.

Your use of the Services constitutes your acceptance of and agreement to all of the terms and conditions in this Terms of Service and the Privacy Policy and your representation that you are 15 years of age or older. If you object to anything in this Terms of Service or the Privacy Policy, you are not permitted to use the Services.

MODIFICATIONS TO THIS AGREEMENT

Duma reserves the right, in its sole discretion, to modify this Agreement, including the Service Fees (as defined below), at any time by posting a revised Agreement through the Services. Your use of the Services after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review this Terms of Service and the Privacy Policy to see if they have been changed. Note that, if you have prepaid for any Service Fees prior to a modification of this Agreement, your use of such prepaid Service Fees is governed by the version of this Agreement in effect at the time Duma received your prepayment.

ELIGIBILITY

You may use the Service only if you can form a binding contract with Duma, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. No individual under the age of fifteen (15) may use the Services or provide any information to Duma or otherwise through the Services (including, for example, a name, address, telephone number, or email address). Any access to or use of the Site, Application or Services by anyone under 15 is expressly prohibited. You otherwise may only use the Services if you can form a binding contract with Duma and are not legally prohibited from using the Services.

OUR RELATIONSHIP WITH YOU

Duma is a communications platform enabling connections between individuals seeking to obtain services (Employers) and individuals seeking to provide services (Workers). Employers and Workers together hereinafter referred to as “Users.” Those services requested by the Employers, which are to be completed by the Workers are hereinafter referred to as “Jobs Posted” or “Jobs Requested.”

Duma is a communications platform for enabling connections between Users. Duma does not take part in the interaction between Users. Duma does not have control over the quality, timing, legality, failure to provide, failure to pay, or any other aspect whatsoever of any jobs posted by Employers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Duma does not have control over the quality, timing or legality of jobs delivered by its Workers. Duma makes no representations about the suitability, reliability, timeliness, pricing, or accuracy of the Jobs Requested and provided by Users identified through the Services whether in public, private, offline, online, or phone interactions.

When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. NEITHER DUMA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICE. DUMA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

Duma does not control, is not responsible for and makes no representations or warranties with respect to any User or User conduct. You are solely responsible for your interaction with or reliance on any User or User conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User or User conduct. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE COMMUNICATION BETWEEN EMPLOYERS AND WORKERS. DUMA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY JOB POSTINGS AND THE LEGALITY OR SUITABILITY OF ANY WORKER FOR THE JOB POSTING. DUMA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL JOB POSTINGS. ACCORDINGLY, ANY JOB POSTINGS, ACCEPTANCES OF JOB POSTINGS, AND USER’S DECISIONS ABOUT POSTING OR ACCEPTING A JOB WILL BE MADE AT THE USER’S OWN RISK.

RELEASE

Duma is only a venue for connecting Users. Because Duma is not involved in the actual contact between Users or in the completion of the Job Requested, in the event that you have a dispute with one or more Users, you release Duma (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Duma expressly disclaims any liability that may arise between Users of its Services.

The Workers, not Duma, are solely responsible for honoring any confirmed Job Postings and making available any services specified by the Job Posting. If you, as a Job Poster, choose to use the Services to find a Worker, you agree and understand that you and the Worker will enter into an agreement to establish the terms and conditions (including pricing), rules, and restrictions associated with the Job Requested. You acknowledge and agree that you, and not Duma, will be responsible for performing the obligations of any such agreements, that Duma is not a party to such agreements. Duma acts as a communication agent for the limited purpose of connecting Employers and Workers.

USE OF SERVICES

The Job Posting and other features of the Duma Services may be used only by individuals seeking employment (“Workers”) and by individuals seeking employees (“Employers”). Your use of the Duma Services is also subject to any other contracts you may have with Duma. In the case of any conflict between these Terms and any contract you have with Duma, the terms of your contract will prevail. The term “post” as used herein shall mean information that you submit, publish or display on the Duma Services through either the Site or mobile Application.

Without limitation, you may not:

  • Use the Duma Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Duma’s discretion.
  • Use the Services for any purpose which is in violation of local, state, national, or international law.
  • Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Duma (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Duma.
  • Interfere with, or disrupt, (or attempt to do so), the access of any User, host or network.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
  • Advertise or offer to sell any goods or services for any commercial purpose on the Services which are not relevant to the services offered on the Services.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Impersonate another person or allow any other person or entity to use your identification to post or view comments.
  • Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Services.
  • Imply or state that any statements you make are endorsed by Duma, without the prior written consent of Duma.
  • Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Duma in any manner.
  • Hack or interfere with Duma, its servers or any connected networks.
  • Adapt, alter, license, sublicense or translate Duma for your own personal or commercial use.
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Duma.
  • Take any action that imposes an unreasonable or disproportionately large load on Duma’s Site or Application infrastructure.
  • Violate or attempt to violate or circumvent the security of any Duma Services including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Forge any TCP/IP packet header or any part of the header information in any e-mail, text message, or newsgroup posting.
  • Reverse engineer or decompile any parts of any Duma Services.
  • Aggregate, copy or duplicate in any manner any of the Duma content or information available from any Duma Services, including expired job postings, other than as permitted by these Terms of Service.
  • Frame or link to any Duma content or information available from any Duma Services, unless permitted by these Terms of Service.
  • Post any resume or apply for any job on behalf of another party.
  • Defer any contact from an employer to any agent, agency, or other third party.
  • Share with a third party any login credentials to any Duma Services.
  • Access data not intended for you or logging into a server or Account which you are not authorized to access.
  • Post content that contains restricted or password-only access pages, or hidden pages or images.
  • Solicit passwords or personally identifiable information from other Users.
  • Delete or alter any material posted by any other person or entity.
  • Harass, incite harassment or advocate harassment of any group, company, or individual.
  • Send unsolicited mail or email, make unsolicited phone calls or send unsolicited text messages promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by you.

Violations of system or network security may result in civil and/or criminal liability. Duma will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

ADDITIONAL TERMS APPLICABLE TO EMPLOYERS

You are responsible for maintaining the confidentiality of Account and PIN. You may not share your PIN or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your Account registrations and PIN, whether or not authorized by you. You agree to immediately notify Duma of any unauthorized use of your Account or PIN.

Employers are solely responsible for their postings on Duma Services. Duma is not to be considered to be an employer with respect to your use of any Duma Services and shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Duma Services.

Worker profiles may also be made available through the Site or Application. Duma does not make any representations regarding the accuracy or validity of such profiles or their appropriateness for evaluation by employers.

Without limitation, a Job Posting may not contain:

  • The names of colleges, cities, states, towns or countries that are unrelated to the posting.
  • More than one job or job description, more than one location, or more than one job category, unless the product so allows.
  • Inaccurate, false, or misleading information.
  • Material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.

Without limitation, you may not use a Job Posting to:

  • Post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property.
  • Post jobs without the intent of paying Workers for their services.
  • Post jobs or other advertisements for competitors of Duma or post jobs or other content that contains links to any site competitive with Duma.
  • Sell, promote or advertise products or services.
  • Advertise sexual services or seek employees for jobs of a sexual nature.
  • Request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy.
  • Endorse a particular political party, political agenda, political position or issue.
  • Promote a particular religion or tribe.
  • Except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings (vii) age or (viii) tribe.

Duma reserves the right to remove any job posting or content, which in the reasonable exercise of Duma’s discretion, does not comply with the above Terms of Service, or if any content is posted that Duma believes is not in the best interest of Duma.

If at any time during your use of the Duma Services, you made a misrepresentation of fact to Duma or otherwise misled Duma in regards to the nature of your business activities, Duma will have grounds to terminate your use of the Duma Services.

ADDITIONAL TERMS APPLICABLE TO WORKERS

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material contained therein placed by you on the Duma Services.

Duma reserves the right to delete your account and all of your information after a significant duration of inactivity.

Without limitation, you may not as a Worker:

  • Confirm a Job Posting that you cannot complete within the time frame specified by the Job Posting
  • Confirm a Job Posting that you do not have the skills or qualifications to complete.
  • Confirm any Job Posting on behalf of another party.
  • Pass on any contact from an employer to any agent, agency, or other third party.
  • Share with a third party any login credentials to any Duma Services.
NO COMMERCIAL USE OR SOLICITATION

The Services may be used for your personal, non-commercial use only; you may not use the Services in connection with any commercial endeavors whatsoever without the express prior written consent of Duma.

Without limitation, the Services may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to services facilitated through Duma without express written permission from Duma.

You may not use the Services to collect names and/or phone numbers of members by electronic or other means without the express prior written consent of Duma.

ACCOUNT, PASSWORD AND SECURITY

As a condition to using the Services, you are required to create an account (an "Account") with a mobile phone number that you own and a 4-digit PIN. You should provide Duma with accurate, complete, and updated registration information, particularly your mobile phone number, and failure to do so may result in suspension of your Account. You may not have more than one (1) active Duma Account.

You agree not to submit any incomplete, false or inaccurate biographical information or information which is not your own. You also agree to update such information to keep it accurate, current and complete. You agree that you shall not select or use as a name or mobile phone number of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. Duma reserves the right to refuse registration of, cancel, or modify an Account in its sole discretion.

You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any PIN and account number provided by you or Duma for accessing the Services. You are solely and fully responsible for all activities that occur under your PIN or Account. Duma has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your PIN or account or you suspect any other breach of security, you will contact Duma immediately. This includes any actual or suspected loss, theft, or unauthorized use of your Account or Account PIN.

TERMINATION AND SUSPENSION

Duma may terminate or suspend your right to use the Services at anytime for any or no reason by providing you with written, text message, or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

Without limitation, Duma may terminate or suspend your right to use the Services if you breach any term of this Agreement or any policy of Duma posted on the Services from time to time, or if Duma otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Duma terminates or suspends your right to use the Services for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your Account, Duma reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the Services is terminated or suspended, this Agreement will remain enforceable against you.

You may terminate this Agreement at any time by ceasing all use of the Services. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

SERVICE FEES

In consideration for providing the Services, Duma collects service fees from Employers (“Service Fees”). Where applicable, taxes (“Tax”, “Taxes”) may also be charged in addition to the Service Fees, which includes any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Services Fees will be collected by Duma via M-PESA or other payment methods described on the Site or via the Application.

Except as otherwise provided herein, Service Fees are non-refundable.

Duma reserves the right, in its sole discretion, to modify its Service Fees at any time. Please note that Duma will provide notice of any changes to Service Fees via the Site, Application and Services, prior to implementing such a change.

PROMOTIONS

Duma may from time to time provide certain promotional opportunities to Duma Users. All promotions will be run at the sole discretion of Duma and can be activated, modified or removed at anytime by Duma without advance notification

EMPLOYMENT AND WITHOLDING

Duma is not an employment service and does not serve as an employer of any User. As such, Duma will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if Duma is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to Duma an equivalent amount, including any interest or penalties thereon.

PRIVACY

Any information you provide to Duma is subject to Duma’s Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information.

COPYRIGHT COMPLAINTS

Duma respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to Duma at [email protected]

  1. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed is located. Include enough information to allow Duma to locate the material, and explain why you think an infringement has taken place;
  2. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  3. Your address, mobile phone number, and e-mail address;
  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
CONFIDENTIAL INFORMATION

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Duma and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Duma in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Duma upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Duma’s trade secrets, confidential and proprietary information and all other information and data of Duma that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

DISCLAIMER OF WARRANTIES

USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NEITHER DUMA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICES, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES.

NEITHER DUMA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

NEITHER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN WORKERS.

NEITHER DUMA NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

DUMA AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

NO LIABILITY

YOU AGREE NOT TO HOLD DUMA, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DUMA OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL DUMA ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DUMA OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO DUMA DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold harmless Duma, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Services. Duma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Duma.

MODIFICATIONS OF THE SERVICES

Duma reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information on the Services with or without notice. Duma will not be liable to any party for any modification or discontinuance of the Services. Duma may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.

ENFORCEMENT OF THE TERMS

The failure of Duma to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Duma. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

HOW TO CONTACT US

If you have questions or concerns regarding this User Agreement, or any feedback that you would like us to consider, please email us at [email protected] or click here.

AGREEMENT TO TERMS OF SERVICE

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND THE PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last Date Updated: September 2, 2012

OUR COMMITMENT TO PRIVACY

Duma, Inc. (“Duma”, “we”, “us”, or “our”) collects personal information about you (the “User”) and distributes that information to connect you with employers and/or workers who can provide services to you. We know you care about the collection, use and disclose of your personal information, and we have created this privacy policy to demonstrate our firm commitment to your privacy.

The following discloses our information-gathering and dissemination practices for www.dumaworks.com and www.duma.co.ke (collectively, the “Site”) and our application for mobile devices (the “Application”). By using the Site or the Application (collectively, the “Services”), you do hereby warrant and represent that you have read, understand, and accept without limitation or qualification all terms and conditions stated herein. To make this privacy policy easy to find, we make it available from the homepage of our Site. You may also email us with any privacy-related questions you have.

APPLICABILITY OF PRIVACY POLICY

This privacy policy applies to all information we collect through our Site and Application from Users, including you. This policy also applies to our treatment of any information that our partners share with us or that we share with our partners. This policy does apply to the practices of third parties that we do not own or control, including but not limited to any third party companies, websites, services and applications (“Third Party Services”) that you elect to access through the Services or to individuals that Duma does not manage or employ. We encourage you to review the privacy policies of those Third Party Services so you can understand how they collect, use and share your information. We also do not control the data use practices of employers or others who may access your information on this site.

As used in this Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

INFORMATION WE COLLECT AND RETAIN

Throughout this policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We collect your personal information in the following ways:

A. Registration

During the User registration process, you must provide us the following information: your name, mobile phone number, location, birthdate, and 4-digit PIN. You should choose a PIN that is known only by you. Without this minimal amount of information, you cannot create a Duma account. By creating a Duma account, you acknowledge that this information is personal to you, and you allow others, including Duma, to identify you. You also allow Duma to use your information in accordance with our Terms of Service.

B. Job reference network

Once you become a User, you may use the Services to send invitations to people you know (“references”) either to their Duma profiles or mobile phones. Adding references is not required, but doing so enables you to derive more benefit from Duma by helping you build your professional identity and leverage your job reference network (the “Network”) to find new opportunities. If you decide not to add any references to your Network, you may not receive the full benefit of being a Duma user.

In order to send an invitation, you must know the name and mobile phone number of the reference being requested. Once a reference has confirmed your request, he/she is added to your Network. The names and phone numbers of people whom you invite may be used by Duma to help expand your network or locate job opportunities. Please note that when you send an invitation to connect to another User, that User will have access to your mobile phone number because it is displayed in the invitation. Your Duma references will also have access to your mobile phone number. You may not invite anyone you do not know and trust to connect with you.

C. Worker Application

All Users are allowed to use Duma to find and hire qualified people to provide services for you. However, in order to be hired for a job through Duma (to become a “Worker”), you must apply and be approved by Duma. We are committed to providing a safe, secure, and all around great service for our Users. Therefore, before approving Workers, we may require additional information including but not limited to: skills, professional experiences, educational background, job references, Kenya Police Certificate of Good Conduct, National Identity Card number, work licenses, and other information. We may also obtain information about Workers from third parties such as identity verification services.

D. Customer Support

We may collect additional information from or about you in other ways not specifically described here, including but not limited to information related to your contact with our customer support team or your responses to surveys. This information helps Duma accurately respond to customer inquiries and provide you with exceptional service.

E. Cookies

When you access our Site, small data files called “cookies” may be sent to and saved by your web browser. Your web browser stores these cookies in a way associated with each website you visit, and you can view your cookies through your browser settings. Duma only uses secure cookies, which means they have been encrypted by our authentication system. We, or companies we hire to track how our website is used, may use these cookies to recognize your web browser and to learn how and when you use the Services.

Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies or allow you to decide on acceptance of each new cookie in a variety of ways. Duma relies on cookies to preserve the Duma identity you have created while logged on. If you choose to disable cookies, you will not be able to sign into your account on the Site. You will still be able to use all features of the mobile phone application. Nonetheless, we do not recommend disabling your cookies while using the Services.

Some third-party services that we may use, such as Google Analytics, may also place their own cookies on your browser, and individual blogs on our network may contain code that places their own cookies. Note that this Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties.

F. IP Addresses

Under certain circumstances, such as when you log into the Services or load a web page from the Services, we may collect and store your Internet Protocol Address ("IP Address"). We generally use IP Address information to help diagnose problems with our server, to fight spam, malware, and identity theft; we also may use it, in the future, to personalize the Services for you. IP Address information is also used by us to generate aggregate, non-identifying, information about use of the Services.

G. Information from Children

We do not knowingly solicit or collect information from any individuals under the age of 15.

F. Data Retention

Duma maintains the right to retain your information for an indefinite period of time, if we so wish. However, we may respond to written User requests to nullify account information. If you wish to make such a request, which requires that we verify your identity, or if you have any questions regarding this policy, contact us at [email protected] By using these Services, you hereby represent and warrant that you understand and agree that all information submitted by you to Duma becomes the property of Duma and may be used in the sole discretion of Duma in accordance with this Privacy Policy and the Terms of Service. If you wish to close your account, you may do so by contacting us at [email protected].

LINKS TO OTHER SITES AND SERVICES

Our Services may occasionally contain links to other third-party websites and online services. If you choose to visit another website or online service by clicking on a link, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services, and these third parties may place their own cookies or other files on your computer and collect data or solicit Personal Information and Non-Identifying Information from you. Other sites and online services follow different rules regarding the collection, use and/or disclosure of Personal Information and Non-Identifying Information. We encourage you to read the privacy policies or statements of the other websites or online services you visit before providing any information or using such websites or services.

HOW WE PROTECT AND STORE PERSONAL INFORMATION

Duma is very concerned with safeguarding your information. We use commercially reasonable safeguards to preserve the integrity and security of all information collected through the Services.

Your Duma account information is protected by a 4-digit PIN for your privacy and security. This PIN is encrypted and only you and authorized Duma employees have access to your account information. In order to maintain this protection, select and protect your PIN appropriately. You should limit access to your computer and browser by signing off after you have finished accessing the Site, particularly if you are using a shared computer. This will help protect your information entered on public terminals from disclosure to unauthorized parties. You should also limit access to your mobile phone to protect the security of Services provided through the Application.

As part of the Services, you may occasionally receive text messages and other communications from us. Please note that we will never ask you for your password or other Account information; if you receive such a notification, please forward it us or contact our customer support team.

Despite Duma’s efforts to ensure that your information is secure on its system, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of User information at any time. If you have any further questions on this issue, please refer to the Terms of Service page. Duma expressly disclaims any liability that may arise should any individuals obtain the information you submit to the Services.

HOW PERSONAL INFORMATION IS USED

Our primary purpose in collecting your personal information is to provide you with a safe, efficient, and customized experience. We may use your personal information in the following ways:

  1. To provide the services and customer support you request
  2. To help you efficiently access your information after you sign in
  3. To remember information so you will not have to re-enter it during your visit or the next time you visit the Services,
  4. To process job requests and alerts and to send notices about your job requests and alerts and your network activity,
  5. To comply with our legal obligations, resolve disputes, and enforce this privacy policy,
  6. To prevent potentially prohibited or illegal activities, and enforce our Terms of Service,
  7. To customize, personalize, measure, and improve our Services,
  8. To send you updates about new products and services that we are offering to customers,
  9. To compare information for accuracy and verify it with third parties,
  10. As required by law.
DISCLOSURE OF INFORMATION TO OTHERS
A. Duma Users

When you create a Duma account, we will set up a Duma profile page for you. Your profile page will include your full name, phone number, and location. You can provide additional personal information to include in your Duma profile page – including, but not limited to, a short personal description, your skills and work experience, number of jobs requested on Duma, and number of jobs accepted on Duma. We will display your Duma profile page only to individuals in your Network. Your profile page will not be publicly accessible. Any information you choose to provide as part of your profile should reflect how much you want other Duma Users in your Network to know about you. You can review and revise your personal information at any time.

B. Employer Job Posting

If you are an employer using Duma Services, we will share the following information about you with prospective Employees: (i) the name of the job requested (i.e. driver), (ii) the first name and last initial of individuals that form the social connection between you and the Employee based on your Network, and (iii) your location. This information will enable Employees to decide whether to confirm or reject your job request. When an Employee confirms a job request, we will share pieces of your personal information with the Employee, including but not limited to, your full name and mobile phone number. You will also receive the Employee’s: (i) full name, (ii) mobile phone number, (iii) skills and work experience, (iv) Duma rating score, and (v) the first name and last initial of individuals that form the social connection between you and the Employee based on your Network. This information will allow you and the Employee to contact one another directly.

C. Worker Job Posting

If you are a Worker using Duma Services and you confirm a job request, we will share pieces of your personal information with the prospective Employer, including but not limited to: (i) your full name, (ii) your mobile phone number, (iii) your relevant work credentials for the job requested, (iv) the first name and last initial of individuals that form the social connection between you and the Employer based on your Network, (v) your Duma rating score, and (vi) your location. You will also receive the Employer’s: (i) full name, (ii) mobile phone number, and (iii) the first name and last initial of individuals that form the social connection between you and the Employer based on your Network. This information will allow you and the Employer to contact one another directly.

D. Aggregate Information and Non-Identifying Information

We may share aggregated information that does not include personal information and we may otherwise disclose non-identifying information with third parties for industry analysis, demographic profiling, and other purposes. Any aggregated information shared in these contexts will not contain your personal information.

E. Third Party Services

Duma may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves, some or all of our assets, including any or all of the information described in this Policy, in the course of a corporate divestiture, merger, acquisition, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding.

F. Business Transfers

If you are an employer using Duma Services, we will share the following information about you with prospective Employees: (i) the name of the job requested (i.e. driver), (ii) the first name and last initial of individuals that form the social connection between you and the Employee based on your Network, and (iii) your location. This information will enable Employees to decide whether to confirm or reject your job request. When an Employee confirms a job request, we will share pieces of your personal information with the Employee, including but not limited to, your full name and mobile phone number. You will also receive the Employee’s: (i) full name, (ii) mobile phone number, (iii) skills and work experience, (iv) Duma rating score, and (v) the first name and last initial of individuals that form the social connection between you and the Employee based on your Network. This information will allow you and the Employee to contact one another directly.

G. Testimonials

With your consent we may post your testimonial on the Site and Application along with your name.

H. Compliance with Laws and Law Enforcement

Duma cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We can disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process including, but not limited to, subpoenas, to protect the property and rights of Duma or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

CHANGES TO OUR PRIVACY POLICY

As our Services evolve, we may occasionally update this Privacy Policy. If we modify this privacy policy, we will post the revised privacy policy to the Site and we will also revise the “last updated date” stated above. If we make any material changes we will notify you by email (sent to the mobile phone number or e-mail address specified in your Duma account) or by means of a notice on the Site prior to the change becoming effective. It is your responsibility to periodically review this privacy policy and users are bound by any changes to the privacy policy by using the service after such changes have been first posted.