Terms of Service
The terms under which households, workers and bureaus use Hakika.
1. Who we are and what Hakika does
To draft: that Hakika is an introduction platform, not an employer and not an employment agency; that bureaus list and vouch for workers; that a household pays to unlock contact details and then deals directly with the worker and their bureau. The limits of our role belong here, because everything in section 6 depends on them.
2. Accounts
To draft: eligibility and minimum age; that account details must be accurate; responsibility for account security; that we may suspend or close an account, and on what grounds — this must line up with the moderation and complaint outcomes the platform actually applies.
3. Verification — and its limits
To draft: what bureau verification does and does not establish (identity documents seen, references called, certificate of good conduct sighted), and an explicit statement that verification is not a guarantee of conduct. This is the section that most needs a lawyer: it is where our trust claims meet our liability.
4. Payments, unlocks and refunds
To draft: the unlock fee and what it buys; that it pays for an introduction, not an outcome; how long an unlock lasts; when a refund is and is not available. Must match the actual refund behaviour once M-Pesa is live — do not write a refund policy the system cannot honour.
5. Complaints and disputes
To draft: how to report a problem, the bureau's 72-hour response window, escalation to Hakika, and the outcomes we can reach (upheld, partially upheld, dismissed). The platform already works this way; the terms must describe it accurately rather than promise something different.
6. Liability
To draft: limits of liability, consistent with section 1 and section 3. Requires legal advice — do not draft this from a template.
7. Data protection
To draft: how this interacts with the Privacy Policy and with Kenya's Data Protection Act 2019, including the lawful basis for processing worker identity documents.
8. Changes to these terms
To draft: that we may update these terms, that continued use after an update requires accepting the new version, and how notice is given. The platform enforces this by version — a new version asks every account to accept again.
9. Governing law
To draft: governing law and dispute resolution.
10. Contact
Questions about these terms: contact the team.