CERVANNA CARE – TERMS & CONDITIONS

• Client – any individual, family, company, medical institution or other organization, bureau, agency that seeks to hire or engage Service Providers via the Platform.
• Service Provider – domestic workers, domestic worker agencies, nurses, nurse aides, physiotherapists, medical caregivers including special needs caregivers or any other caregiver or personnel registered on the Platform as such.
• Services – the matching, facilitation, communication, and administrative functionalities provided by Cervanna.
• Platform – our website, application, digital interfaces, and all associated features.
• Third-Party Providers – external companies providing software, hosting, analytics, communication tools, or other systems used by Cervanna. These providers own their respective intellectual property.

• Cervanna Care operates as a digital facilitator that connects Clients with Service Providers.
• Cervanna does not employ, supervise, manage, or control the Service Providers.
• Any service relationship, contract, or agreement formed between a Client and a Service Provider is independent of Cervanna.
• Cervanna does not guarantee the availability, performance, suitability, or conduct of any Service Provider.

To use the Platform, you must:

• be at least 18 years old;
• provide accurate and truthful registration information;
• comply with applicable Kenyan laws including the Data Protection Act (2019), Employment Act (2007), Labour Relations Act, and health-sector regulations (where applicable).

• client must maintain the confidentiality of their login credentials.
• All activities under an account are the responsibility of that account holder.
• Cervanna may suspend or terminate accounts suspected of fraud, misuse, or breach of these Terms.

Clients agree to:

• provide accurate job details, working conditions, and expectations;
• comply with labour, employment, OH&S, and sector-specific laws;
• provide a safe environment for Service Providers;
• conduct interviews and due diligence before engagement;
• pay Service Providers promptly and comply with statutory obligations (where applicable);
• not request illegal, hazardous, or unethical services.

Cervanna is not responsible for disputes arising from a Client’s failure to meet these obligations.

Service Providers agree to:

• provide accurate information, documents, and qualifications;
• perform their work professionally, ethically, and honestly;
• comply with all applicable laws and professional standards;
• maintain confidentiality and respect property of Clients;
• not engage in illegal, harmful, or unethical conduct.

Cervanna may verify documents but does not guarantee full authenticity unless expressly stated.

Cervanna shall:

• operate the Platform and facilitate connections between Clients and Service Providers;
• maintain reasonable uptime subject to technical limitations;
• verify identification or certifications where possible;
• provide customer support for Platform-related enquiries;
• process personal data in accordance with the Kenya Data Protection Act (2019).

Cervanna does not supervise Service Providers, manage work, or guarantee outcomes.

• The Platform uses software, systems, and applications sourced from Third-Party Providers, who retain all intellectual property rights.
• Cervanna does not own the underlying software IP.
• client acknowledge that interruptions or limitations may occur due to third-party systems.
• Cervanna is not liable for losses resulting from downtime, errors, outages, or actions by Third-Party Providers.

Domestic Workers (Individual Workers)

• Domestic workers shall pay a monthly subscription fee, the amount of which shall be displayed on the Platform, as a condition for accessing and using the Platform.
• The subscription enables access to job opportunities, profile visibility, communication tools, and available Platform resources.
• Fees are payable in advance, are non-refundable, and non-payment may lead to account suspension.

Domestic Worker Agencies

• Agencies shall pay tiered subscription fees, depending on their chosen package.
• Each tier grants varying levels of access, visibility, and support.
• Fees are payable in advance and are non-refundable.
• Non-payment may result in reduced access or account suspension.

Nurses, Nurse Aides & Physiotherapists

• These Service Providers shall be charged a 15% commission on the gross amount received for any engagement facilitated via the Platform.
• Cervanna may deduct the commission prior to payout or invoice separately.
• Circumvention of the Platform to avoid commissions is prohibited.

Medical Institutions

• Medical institutions receiving caregivers, referrals, or placements through Cervanna shall pay a 15% commission on fees paid to assigned Service Providers or revenue derived from such placements.
• Reports or confirmations may be required for reconciliation.

Taxes

• All fees and commissions are exclusive of applicable taxes.
• client are responsible for PAYE, NHIF, NSSF, VAT, or any statutory taxes related to their engagements.
• Cervanna is not responsible for a Client’s or Service Provider’s non-compliance with tax laws.

Adjustments to Fees

Cervanna may revise fees or commissions upon notice. Continued use of the Platform constitutes acceptance of the updated charges.

• Cervanna may conduct identity checks, certificate reviews, or police clearance verification where applicable.
• Cervanna does not guarantee the full authenticity of documents submitted unless explicitly stated.
• Clients must still carry out their own due diligence.

client may submit ratings and reviews provided they are truthful, non-defamatory, professional, and based on actual experience.

Cervanna may remove reviews that violate these Terms or any Kenyan laws.

client may not:

• provide false or misleading information;
• misuse or attempt to hack the Platform;
• harass, exploit, or harm others;
• human trafficking;
• violate Kenyan employment, labour, or sector-specific laws;
• circumvent commissions or subscription fees;
• reverse-engineer or copy Platform software or third-party systems.

The Platform is provided on an “as-is” and “as-available” basis.

Cervanna is not liable for:

• misconduct, negligence, or omissions of Service Providers;
• disputes between Clients and Service Providers;
• property damage, personal loss, or injury arising from engagements;
• interruptions caused by Third-Party Providers;
• inaccurate information provided by client.

client shall indemnify and hold Cervanna harmless from any claims, losses, damages, costs, or liabilities arising from breach of these Terms, illegal conduct or negligence, incorrect information submitted, or misuse of the Platform.

Medical personnel are personally responsible for the decisions they make and the care they provide while performing their duties.

Cervanna may suspend or terminate accounts for:

• breach of these Terms,
• fraudulent activity,
• failure to pay fees or commissions, or
• legal requirements.

client may close their accounts at any time.

Personal data shall be processed in accordance with the Kenya Data Protection Act (2019) and the Cervanna Privacy Policy.

By using the Platform, you expressly consent to the collection, storage, and processing of your personal data as described in the Privacy Policy.

You have the right to withdraw your consent at any time, subject to the legal basis for processing and any obligations that require continued processing under law or to fulfil contractual obligations.

client acknowledge that continued use of the Platform constitutes ongoing consent to the processing of personal data in accordance with these Terms and the Privacy Policy.

All trademarks, logos, branding, content, text, graphics, and materials created by Cervanna are the property of Cervanna Care and are protected under applicable intellectual property and copyright laws.

No reproduction, modification, distribution, or use of such materials is permitted without prior written consent from Cervanna Care.

These Terms are governed by the laws of Kenya.

Disputes shall be resolved in the following order:

1. Negotiation;
2. Mediation (if negotiation fails);
3. Referral to the courts of Kenya.

Cervanna may update these Terms from time to time. client will be notified of material changes, and continued use constitutes acceptance.