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Terms of Service

Effective date: 05th January 2022

Thank you for using One Stop Check-In!

These Terms of Service (“Terms”) are a binding legal agreement between you, One Stop Check-In Platform and Homes & Cribs Properties that govern your use of the websites, applications, and other offerings from Homes & Cribs Properties and One Stop Check-In Platform (collectively, the “One Stop Check-In Platform”). When used in these Terms, “One Stop Check-In,” , “platform”, “we,” “us,” or “our” refers to the Homes & Cribs Properties online entity with whom you are contracting.

The One Stop Check-In Platform offers an online digital check-in form for users who offer accommodation facilities and those who book them. Users who list, set their hosting rules, publish them and offer the digital check-in forms for their accommodation facilities are “Hosts” and users who search for listings, their check-in details and fill the hosts digital check-in forms, or use our services are “Guests.” Hosts offer accommodation (“Accommodations”), activities, excursions, and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). Hosts must register an account to access and use the features of the One Stop Check-in platform, and must keep their account information accurate. Guests are not required to register an account on the platform. As the provider of the One Stop Check-In Platform, Homes & Cribs Properties does not own, control, offer or manage any Listings or Host Services listed on the platform. Homes & Cribs Properties and One Stop Check-In platform is not a party to the contracts concluded directly between Hosts and Guests, nor are we a real estate agent, broker or insurer for users. Homes & Cribs Properties and One Stop Check-In platform are not acting as an agent in any capacity for any user, except as providing an online avenue for Guests to fill Hosts digital check-in forms.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data and our Payments Terms, which govern any payment options provided to Users by One Stop Check-In.

If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services, within your respective jurisdiction.

Table of Contents

Guest Terms

  1. Our Mission.
  2. Searching for Listings on One Stop Check-In
  3. Cancellations
  4. Your Responsibilities and Assumption of Risk.

Host Terms

  1. Listing on One Stop Check-In.
  2. Managing Your Listing.
  3. Taxes.

General Terms

  1. Content.
  2. Fees.
  3. One Stop Check-In Platform Rules.
  4. Termination, Suspension and other Measures.
  5. Modification.
  6. Complaints Resolution.
  7. One Stop Check-In’s Role.
  8. User Accounts.
  9. Disclaimer of Warranties.
  10. Limitations on Liability.
  11. Indemnification.
  12. Contracting Entities.
  13. Republic of Kenya Governing Law and Venue.
  14. Republic of Kenya Dispute Resolution and Arbitration Agreement.
  15. Rest of World Dispute Resolution, Venue and Forum, and Governing Law.
  16. Miscellaneous.

Guest Terms

  1. Our Mission.

Our mission is to provide a standard and customizable online check-in document that can be used by any host receiving guest bookings across different channels. The hospitality industry’s  Know Your Customer (KYC) principle is an important and essential requirement and we aim to digitize the process for convenience and hustle free record keeping for both hosts and guests.

  1. Searching for Listings and Checking in on One Stop Check-In

2.1 Searching. You can search for Host Listings and check-in form by using their Listing ID. The host is responsible for providing the Guest with the listing ID for searching to ensure they submit their information to the right listing.

2.2 Online Check-In. When you fill and submit a hosts online check-in document, you are agreeing to provide your personal information and required documents to the host through One Stop Check-In. You agree to the Hosts and One Stop Check-In’s terms and a contract for the Hosts Services is formed directly between you and the Host. One Stop Check-In is not a bookings platform and the online check-in document is not a booking or reservation confirmation. It is used for the sole purpose of providing the host with pre-requisite personal check-in information and documentation in addition to agreeing to their terms of stay after a booking or reservation has been made directly with the host and independent of One Stop Check-In. The guest must obtain the listing ID from the host and confirm the correctness of the listing prior to filling the check-in document.

  1. Cancellations and Modifications

3.1 Cancellations. Once submitted, the online check-in document cannot be cancelled or recalled. Any cancellations on the guests’ booking must be made directly with the Host. A guest must also submit a new check-in document for any modifications or corrections on their pre-submitted form.

  1. Your Responsibilities and Assumption of Risk.

4.1 Responsibilities. You are responsible for adherence to the terms and rules of the online check-in document and One Stop Check-In assumes no liability or ownership of the content.

4.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the One Stop Check-In Platform and any Content (as defined in Section 8), including your stay at any Accommodation, participation in any Experience, use of any other Host Service, or any other interaction you have with other users whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.

Host Terms

  1. Listing on One Stop Check-In

5.1 Host. As a Host, One Stop Check-In gives you the opportunity to share your check-in terms and requirements with Guests who will be able to provide you with their personal pre-requisite information and documentation electronically prior to them checking in at your accommodation or experience. It’s easy to create a Listing and you are in control of the content.

5.2 Contracting with Guests. When you receive a submitted check-in document, through the One Stop Check-In Platform, you are entering into a contract directly with the Guest, and are responsible for delivering your Host Service under the terms specified in your Listing. You are also agreeing to pay applicable service fees like One Stop Check-In’s subscription fee (and applicable taxes) for each listing. Any terms, policies or conditions that you include in any supplemental contract with Guests including those indicated on online bookings platforms must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listings content.

5.3 Independence of Hosts. Your relationship with One Stop Check-In is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of One Stop Check-In except that you agree and appoint One Stop Check-In to act as your online check-in document service provider. One Stop Check-In does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services and on what terms to offer them.

  1. Managing Your Listing.

6.1 Creating and Managing Your Listing. The One Stop Check-In’s Platform provides tools that make it easy for you to set up and manage your listings and its content. Your Listing must include complete and accurate information about your Host Service and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information and content (like photos) up-to-date and accurate at all times. You may only maintain one Listing per Accommodation, but may have multiple Listings for a single property if it has multiple places to stay.

6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services. For example, some jurisdictions require that you register Guests who stay at your accommodation. Check your local rules to learn what rules apply to the Host Services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Guests and others in compliance with applicable privacy laws and these Terms, including our Host Privacy Standards. If you have questions about how local laws apply you should always seek legal advice.

6.3 Searching. Search results on the One Stop Check-In Platform is based on the Hosts provided Listing ID.

Search results may appear different on our mobile application than they appear on our website.

6.4 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for establishing rules and requirements for your Listing.

6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business, or other organization, the entity and each individual who participates in providing Host Services is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorized to perform those functions.

6.6 Your Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Ones Stop Check-In Platform, offering Host Services, or any interaction you have with other users whether in person or online. You agree that you have had the opportunity to investigate the One Stop Check-In Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by One Stop Check-In.

  1. Taxes.

7.1 Host Taxes. As a host, you are responsible for determining and fulfilling your tax obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes (“Taxes“).

7.2 Collection and Remittance by One Stop Check-In. Where One Stop Check-In facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize One Stop Check-In to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by One Stop Check-In are identified to users on their transaction records, as applicable. One Stop Check-In may seek additional amounts from users (including by additions on subscription fees) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that users tax obligations, and you agree that your sole remedy for Taxes collected by One Stop Check-In is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected users, to cease the collection and remittance of Taxes for any reason.

7.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or collect Taxes from fees charged, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to collect Taxes from you, we may suspend your account and or listing until sufficient documentation is provided. You agree that One Stop Check-In may issue on your behalf invoices or similar documentation for VAT, Goods and Service Tax, Digital Service Tax, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by you, our Guests, and/or their organizations.

General Terms

  1. Content.

Parts of the One Stop Check-In Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant One Stop Check-In a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where One Stop Check-In pays for the creation of Content or facilitates its creation, One Stop Check-In may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant One Stop Check-In the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that One Stop Check-In may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. One Stop Check-In does not guarantee the accuracy or quality of translations and users are responsible for confirming the accuracy of such translations.

  1. Fees.

One Stop Check-In may charge fees (and applicable Taxes) to Hosts for use of the One Stop Check-In Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the One Stop Check-In Platform, service fees are non-refundable. One Stop Check-In reserves the right to change the service fees at any time, and will provide users notice of any fee changes before they become effective. Fee changes will not affect fees paid prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 11.2.

  1. One Stop Check-In Platform Rules.

10.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules. You exonerate One Stop Check-In fully of any liabilities arising out of the breach of these rules.

  • Act with integrity and treat others with respect
    • Do not lie, misrepresent something or someone, or pretend to be someone else.
    • Be polite and respectful when you communicate or interact with others.
    • Follow our Nondiscrimination Policy and do not discriminate against or harass others.
  • Do not scrape, hack, reverse engineer, compromise or impair the One Stop Check-In Platform
    • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the One Stop Check-In Platform.
    • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the One Stop Check-In Platform or Content.
    • Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the One Stop Check-In Platform.
    • Do not take any action that could damage or adversely affect the performance or proper functioning of the One Stop Check-In Platform.
  • Only use the One Stop Check-In Platform as authorized by these Terms or another agreement with us
    • You may only use another user’s personal information as necessary to facilitate a transaction using the One Stop Check-In Platform as authorized by these Terms and not for personal, third party or fraudulent gain.
    • Do not use the One Stop Check-In Platform, our messaging tools, or users personal information to send commercial messages without the recipient’s express consent.
    • You may use Content made available through the One Stop Check-In Platform solely as necessary to enable your use of the One Stop Check-In Platform as a Guest or Host.
    • Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
    • Do not require or encourage Guests to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after submitting their check-in information, unless authorized by One Stop Check-In.
    • Do not engage in any practices that are intended to manipulate our search algorithm.
    • Do not fill the Host Services check-in document unless you are actually using the Host Services.
    • Do not use, copy, display, mirror or frame the One Stop Check-In Platform, any Content, any One Stop Check-In branding, or any page layout or design without our consent.
    • Do not share Host and Guest contact information to facilitate transacting out of the One Stop Check-In Platform except in accordance to the Terms.
  • Honor your legal obligations
    • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
    • If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
    • Read and follow our Terms, Policies and Standards.
    • Do not use the name, logo, branding, or trademarks of One Stop Check-In or others without permission.
    • Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with One Stop Check-In branding.
    • Do not offer Host Services that violate the laws or agreements that apply to you.
    • Do not offer or solicit prostitution or participate in or facilitate human trafficking.
    • Do not use One Stop Check-In platform for illegal and fraudulent activities.

10.2 Reporting Violations. If you believe that a user Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting One Stop Check-In. In addition, if you believe that a users, Listing or Content has violated our Standards, you should report your concerns to One Stop Check-In. If you reported an issue to local authorities, One Stop Check-In may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

10.3 Copyright Notifications. If you believe that Content on the One Stop Check-In Platform infringes copyrights, please notify us in accordance with our Copyright Policy.

  1. Termination, Suspension and other Measures.

11.1 Term. The agreement between you and One Stop Check-In reflected by these Terms is effective when you access the One Stop Check-In Platform (for example to create an account or fill the hosts check-in document) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

11.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. One Stop Check-In may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. One Stop Check-In may also terminate this agreement immediately and without notice and stop providing access to the One Stop Check-In Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect One Stop Check-In, its users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

11.3 User Violations. If (i) you breach these Terms, our Policies, or our Standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) One Stop Check-In believes it is reasonably necessary to protect One Stop Check-In, its users, or third parties; One Stop Check-In may, with or without prior notice:

  • suspend or limit your access to or use of the One Stop Check-In Platform and/or your account;
  • suspend or remove Listings or other Content;
  • suspend or revoke any special status associated with your account.

For minor violations or where otherwise appropriate as One Stop Check-In determines in its sole discretion, you will be given notice of any intended measure by One Stop Check-In and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If this agreement is cancelled for whatever reason and by either party, no refund of current service fees paid will be due except for an amount paid in advance.

11.4 Legal Mandates. One Stop Check-In may take any action it determines is reasonably necessary to comply with applicable laws, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 11.3.

11.5 Effect of Termination. If you are a Host and terminate your One Stop Check-In account, If you terminate your account as a Guest, no refund of current service fees paid will be due except for an amount paid in advance. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the One Stop Check-In Platform has been limited, or your One Stop Check-In account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the One Stop Check-In Platform through an account of another user.

11.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 23.

  1. Modification.

One Stop Check-In may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the One Stop Check-In Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the One Stop Check-In Platform will constitute acceptance of the revised Terms.

  1. Complaints Resolution.

Any complaints pertaining and related to the use of the One Stop Check-In platform can be sent to our customer service email for resolution.

Any complaints or damage claims pertaining to your stay with the Host should be resolved directly with the Host. One Stop Check-In is not a bookings agent and does not undertake or take-up liability and or responsibility to resolve hosting related issues.

  1. One Stop Check-In’s Role.

We offer a platform that enables Hosts to create and publish their listings online check-in forms that Guest users can search for, fill in and submit to the Host prior to checking into their accommodation. While we work hard to ensure our users have great experiences using One Stop Check-In, we do not and cannot control their conduct. You acknowledge that One Stop Check-In has the right, but does not have any obligation, to monitor the use of the One Stop Check-In Platform and verify information provided by our users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the One Stop Check-In Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. users acknowledge and agree that One Stop Check-In administers its Policies , including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist One Stop Check-In in good faith, and to provide One Stop Check-In with such information and take such actions as may be reasonably requested by One Stop Check-In with respect to any investigation undertaken by One Stop Check-In regarding the use or abuse of One Stop Check-In Platform. One Stop Check-In is not acting as an agent for any user except for where One Stop Check-In acts as a channel for Guests’ to fill and submit Hosts’ electronic check-in forms for their hosting services.

  1. Users Accounts.

Host users must register an account to access and use features of the One Stop Check-In Platform. Guest users are not required to register and account unless in the case where they are both Hosts and Guests. Registration and use of the platform is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the One Stop Check-In Platform under the laws of your country and jurisdiction, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and use and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify One Stop Check-In if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

  1. Disclaimer of Warranties.

We provide the One Stop Check-In Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, Host, Host Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the One Stop Check-In Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being “verified” (or similar language) indicate only that the User or Listing or One Stop Check-In has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

  1. Limitations on Liability.

Neither One Stop Check-In (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the One Stop Check-In Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the One Stop Check-In Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the One Stop Check-In Platform, or (iv) publishing or checking into a Listing, including the provision or use of Host Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not One Stop Check-In has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit check-in information and documents to Hosts under these Terms, in no event will One Stop Check-In aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the One Stop Check-In Platform, any Content, or any Host Service.

These limitations of liability and damages are fundamental elements of the agreement between you and One Stop Check-In. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

  1. Indemnification.

To the maximum extent permitted by applicable law, you agree to release, defend (at One Stop Check-In’s option), indemnify, and hold One Stop Check-In (its affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the One Stop Check-In Platform, (iii) your interaction with any user, stay at an Accommodation, participation in an Experience or other Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

  1. Contracting Entities.

The One Stop Check-In Platform entity with whom you are also contracting as Homes & Cribs Properties is based in the Republic of Kenya.

  1. Republic of Kenya Governing Law and Venue.

These Terms will be interpreted in accordance with the laws of the Republic of Kenya, without regard to conflict-of-law provisions. Judicial proceedings are excluded from the arbitration agreement in Section 21 must be brought in the courts in the Republic of Kenya. You and we both consent to venue and personal jurisdiction in the Republic of Kenya.

  1. Republic of Kenya Dispute Resolution and Arbitration Agreement.

21.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the Republic of Kenya. If your country of residence or establishment is not the Republic of Kenya, and you nevertheless attempt to bring any legal claim against One Stop Check-In in the Republic of Kenya, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 21 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

21.2 Overview of Dispute Resolution Process. One Stop Check-In is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 21 applies: (1) an informal negotiation directly with One Stop Check-In customer service team (described in paragraph 21.3, below), and if necessary (2) a binding arbitration administered by the Kenya Branch of the Chartered Institute of Arbitrators. You and One Stop Check-In each retain the right to seek relief in small claims court as an alternative to arbitration.

21.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and One Stop Check-In each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to One Stop Check-In by mailing it to One Stop Check-In, Marrakech Building, Nyali, Links, Road, Mombasa or P.O. Box 16469-80100, Mombasa or claims@onestopcheckin.com. One Stop Check-In will send its notice of dispute to the email address associated with your One Stop Check-In account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration with the Kenya Branch of the Chartered Institute of Arbitrators and providing a copy to the other party.

21.4 Agreement to Arbitrate. You and One Stop Check-In mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the One Stop Check-In Platform or any Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and One Stop Check-In agree that the arbitrator will decide that issue.

21.5 Exceptions to Arbitration Agreement. You and One Stop Check-In each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 20): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and One Stop Check-In agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration.

21.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the arbitration laws of the Republic of Kenya governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by Kenya Branch of the Chartered Institute of Arbitrators in accordance with the Arbitration Rules and/or their arbitration rules determined to be applicable by the Kenya Branch of the Chartered Institute of Arbitrators then in effect, except as modified here. The Kenya Branch of the Chartered Institute of Arbitrators Rules can be obtained through contacting them. In order to initiate arbitration, a completed written demand must be filed with the Kenya Branch of the Chartered Institute of Arbitrators and provided to the other party.

21.7 Modification to Kenya Branch of the Chartered Institute of Arbitrators Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, One Stop Check-In agrees that any required arbitration hearing may be conducted, at your option: (a) in the Kenyan county where you reside; (b) in Mombasa County; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.

21.8 Modification of Kenya Branch of the Chartered Institute of Arbitrators – Legal Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the Arbitrators Rules and, where appropriate, limited by the Arbitrators Consumer Rules. If such costs are determined by the arbitrator to be excessive, each party will share equally the arbitration fees and expenses. Either party may make a request that the arbitrator award legal fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the Arbitration Rules.

21.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the Kenya Branch of the Chartered Institute of Arbitrators Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

21.10 Trial Waiver. You and One Stop Check-In acknowledge and agree that we are each waiving the right to a trial as to all arbitrable Disputes.

21.11 No Class Actions or Representative Proceedings. You and One Stop Check-In acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.

21.12 Severability. Except as provided in Section 23.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.

21.13 Changes to Agreement to Arbitrate. If One Stop Check-In changes this Section 21 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and One Stop Check-In (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and One Stop Check-In.

21.14 Survival. Except as provided in Section 21.12 and subject to Section 11.6, this Section 21 will survive any termination of these Terms and will continue to apply even if you stop using the One Stop Check-In Platform or terminate your One Stop Check-In account.

  1. Rest of World Dispute Resolution, Venue and Forum, and Governing Law. If you reside or have your place of establishment outside of the Republic of Kenya, this Section applies to you and these Terms will be interpreted in accordance with the laws of the Republic of Kenya. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law will be guided in accordance to the consumer protection regulations of the Republic of Kenya. If you are acting as a consumer, you agree to submit to the exclusive jurisdiction of the Republic of Kenya courts. Legal proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in the Republic of Kenya. If One Stop Check-In wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the Republic of Kenya or jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Republic of Kenya courts.
  2. Miscellaneous.

23.1 Other Terms Incorporated by Reference. Content PolicyNondiscrimination PolicyPoliciesStandards and other supplemental policies and terms linked to in these Terms apply to your use of the One Stop Check-In Platform, are incorporated by reference, and form part of your agreement with One Stop Check-In.

23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between One Stop Check-In and you pertaining to your access to or use of the One Stop Check-In Platform and supersede any and all prior oral or written understandings or agreements between One Stop Check-In and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and One Stop Check-In. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 21.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”

23.3 No Waiver. One Stop Check-Ins’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. 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 permitted under law.

23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without One Stop Check-Ins’ prior written consent. One Stop Check-In may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

23.5 Notice. Unless specified otherwise, any notices or other communications to users permitted or required under this agreement, will be provided electronically and given One Stop Check-In via email, One Stop Check-In Platform notification, messaging service (including SMS or any other contact method we enable and you provide. If a notification relates to filling the check-in form or a Listing, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies One Stop Check-Ins’ obligations.

23.6 Third-Party Services. The One Stop Check-In Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. One Stop Check-In is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.

23.7 Google Terms. Some translations on the One Stop Check-In Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the One Stop Check-In Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

23.9 One Stop Check-In Platform Content. Content made available through the One Stop Check-In Platform may be protected by copyright, trademark, and/or other laws of the Republic of Kenya and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of One Stop Check-In and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the One Stop Check-In Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, One Stop Check-In grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the One Stop Check-In Platform and accessible to you, solely for your personal and non-commercial use.

23.10 Force Majeure. One Stop Check-In shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

23.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your One Stop Check-In account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a One Stop Check-In account.

23.12 Contact Us. If you have any questions about these Terms please email us.

 

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