Terms and Conditions​ Detail

These terms and conditions (the “Terms”) are a legal contract according to the Electronic Signature Proclamation No. 1072/2018 between Mogzit In-Home Care PLC (“Mogzit”) and you, whether personally or on behalf of an entity “you”. The Terms explain how you are permitted to use the Services provided by and the website located at the URL www.mogzit.com (and all associated sites linked to www.mogzit.com by Mogzit, its subsidiaries and affiliated companies) (collectively, the “Site”). Unless otherwise specified, all references to “Site” include any software that Mogzit provides to you that allows you to access the Site from a mobile device (a “Mobile Application”). 

      1. Services

Mogzit’s services are provided through the Site (which may include Mobile Applications), which is an in-home care online solution that offers users in-home child care services for parents in Addis Ababa (“Parents”) with convenience and affordable cost.

Mogzit aims to be a link between freelance/full-time Care givers (“Care givers”) and Parents who have young children who need to be looked after at home on a regular or irregular basis. The service allows customers to book time slots when they need the service.

2. Privacy

Mogzit is presently in compliance, with its privacy and security policies and with all obligations under applicable laws and regulations of Ethiopia in relation to the collection, use, transfer, storage, protection, disposal or disclosure of personally identifiable information or any other legally protected information collected from you.

3. Age Requirement

By using this Site, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18, you are accessing the Service through a parent or legal guardian. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these Terms and to fully indemnify and hold harmless Mogzit if the Minor breaches any of these Terms. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to the Mogzit or the Site.

4. Visitors and Registered Users

As a visitor, you can view, visit and browse through the Site. You need not register with Mogzit to simply visit and view the Site, to browse and see the partial, publicly accessible information on the Site.

However, in order to access the Services and materials offered on and through the Site, you must register with Mogzit for an account and receive a password. Registered Users can be Parents or Care givers. 

5. Parents’ and Care givers Responsibilities

If you are a Parent, you accept responsibility for yourself and your child in the use of the Services. You acknowledge that your relationship for Care giving services is with your Care giver, and your obtaining services from the Care giver is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent permitted by law. By using the service, you agree to not hold Mogzit liable in any way for any malpractice or substandard treatment the care giver may render.

Although the detailed profiles of the Care givers, customers reviews will help the Mogzit regulate the Care givers and ensure that the customers get the service which satisfies them, it is your responsibility to separately confirm that a Care giver is in good standing.

The Care giver will accept responsibility for the Parents and themselves in using this Service. The Care giver is also responsible for the quality of the services you get during your use of the Service and for complying with all applicable laws in connection with your use of the service. 

6. Payments and Subscriptions

(a) Subscriptions

By registering for an account with Mogzit, you become a “Registered User” with access to certain password-restricted areas of the Site and to use certain services and materials offered on and through the Site (a “Subscription”). Each Subscription and the rights and privileges provided to a Registered User is personal and non-transferable.

There is no fee that Mogzit charges for your Subscription, however,  Mogzit reserves the right to start charging prices for Subscriptions at any time. Notwithstanding the foregoing, Mogzit shall notify Registered Users of any decision to charge price or price changes thirty (30) days prior to any change. Mogzit shall honor any Subscription prices until the expiration of the applicable Subscription Term.

Each subscription’s automatic renewal is for the same period of time as your original subscription. You may cancel your subscription at any time by contacting Mogzit at mogzitinhomecare.info@gmail.com

(b) Payment
Payments for Mogzit in-home child care services can be facilitated either through cash transactions or online transfers. A variety of payment schedules are offered, including hourly, daily, weekly, and monthly options. The cost of services is subject to change depending on the length and regularity of the bookings. It is required that payments be made in advance or at the time the service is provided, as determined during the booking process. In the event of any extra fees or charges, these will be disclosed to the customer prior to the delivery of the service.

(c) Cancellations and Refunds
Customers are advised to make cancellations in advance, as outlined during the booking process. Our cancellation policy may apply to refunds for cancellations or no-shows. In instances where the care giver initiates the cancellation, refunds will be evaluated on a case-by-case basis.

7. Not a Care giver or Similar Service Provider

Mogzit is not a care giver, a medical service provider, or professional insurance company licensed under Ethiopian law or any other jurisdiction.

While Mogzit’s Services may provide access to certain general care giving-related information, and also allow Parents to communicate with care givers, the Services Mogzit provides cannot and are not intended to provide care giving service or advice on care giving except providing the platform for the two actors to connect.

8. Modification and Availability

Mogzit may, at any time, delete, modify or supplement the content of this Site without prior notice. Mogzit reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or other services, including, but not limited to, content, features, or hours of availability. Mogzit may also impose limits on certain features of the Services or restrict your access to part or all of the site or other services without notice or penalty.

9. Copyright

Mogzit is the owner of all rights, titles, and interests in and to each of the Copyrights, free and clear of all liens and other adverse claims. All the Copyrights have been registered and are currently in compliance with formal requirements, are valid and enforceable and are not subject to any maintenance fees or taxes. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Mogzit hereby grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or materials in any manner.

10. Password Restricted Areas of this Site

To register for an account with Mogzit, you must submit the following information through the account registration page on the Site:

(i) Care givers: Care givers are required to provide certain Personal Information and information about their practices, including the Care giver’s name, date of birth, gender, address, email, mobile and work phone. Mogzit may also collect certain optional information, including bank account or other payment information and other contact details, pictures and communication preferences.

(ii) Parents: Parents are required to provide certain Personal Information, including name, date of birth, gender, address, email, mobile and work phone. Parents may also provide certain optional information, including, home phone and other contact info, and contact details, picture and communications preferences. Optional information is not required to register for an account but may be helpful to Mogzit in providing you with a more customized experience when using the Site or its Services.

Once you have created your Mogzit account and provided a username and password, you are responsible for maintaining the confidentiality of your Mogzit Password, and you are responsible for all activities that occur using your Mogzit Password. You agree not to share your Mogzit Password, let others access or use your Mogzit Password or do anything else that might jeopardize the security of your Mogzit Password. You agree to notify Mogzit if your Mogzit Password on this Site is lost, or stolen, if you are aware of any unauthorized use of your Mogzit Password on this Site or if you know of any other breach of security in relation to this Site. You are solely responsible for any and all use of your account and all activities that occur under or in connection with it.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. You agree not to register for an account on behalf of an individual other than Yourself, or register for an account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so.

Individuals and/or entities whose access to the Site or use of the Services have previously been terminated by Mogzit may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

11. Special Provisions for Mobile Applications

Mogzit may make available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. Mogzit does not warrant that the Mobile Application will be compatible with your mobile device. Mogzit hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that Mogzit may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Mogzit and its third-party licensors or suppliers retain all rights, titles, and interests in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that Mogzit provides to you designed for use on any operating system:

• You acknowledge that these Terms are between you and Mogzit only, and not the operating system developer(“Developer”).
• Your use of Mogzit’s Mobile Applicationcomplies with the Developer’s then-current Terms of Service.
• Mogzit, and not the Developer, are solely responsible for our Mobile Applicationand the Services and Content available thereon. You acknowledge that the Developer has no obligation to provide maintenance and support services with respect to our Mobile Application. To the maximum extent permitted by applicable law, the Developer will have no warranty obligation whatsoever with respect to our Mobile Application.
• You agree that Mogzit, and not the Developer, are responsible for addressing any claims by you or any third-party relating to our Mobile Applicationor your possession and/or use of our Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Mogzit as a provider of the Mobile Application.
• You agree that Mogzit, and not the Developer, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our Mobile Applicationor your possession and use of our Mobile Application.
• You agree to comply with all applicable third-party terms of agreement when using our Mobile Application(e.g., you must not be in violation of your wireless data service terms of agreement when using the Mobile Application).
• The Parties agree that the Developerand the Developer’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of Mogzit’s Mobile Application. Upon your acceptance of these Terms, the Developer will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the Mobile Application as a third-party beneficiary thereof.

12. Geo-Location Terms

The Services may include and make use of certain functionality and services provided by third-parties that allow Mogzit to include maps, geocoding, places and other Content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then-current Terms of Use for Google Maps/Google Earth http://www.google.com/intl/en_us/help/terms_maps.html and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use. The use of Geo-Location Services is subject to the terms of the then-current Google privacy policy http://www.google.com/intl/en/policies/privacy/.

13. Links to Third-Party Sites

Mogzit’s Site may link to third-party websites, advertisers, or services that are not owned or controlled by Mogzit. Where Mogzit provides such third-party links, no representations or endorsements are made in connection with such sites. Mogzit has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. If you access a third-party website from Mogzit Sites, you do so at your own risk, and you understand that this Term and Mogzit’s Privacy Policy do not apply to your use of such sites. You expressly relieve Mogzit from any and all liability arising from your use of any third-party website or services or third-party-owned content. Additionally, your dealings with or participation in promotions of advertisers found on Mogzit Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Mogzit shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. We encourage you to be aware of when you leave the Mogzit Sites, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

14. Submissions

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness.

Unless otherwise explicitly stated herein or in Mogzit’s Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby grant Mogzit a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to use the Submissions. Mogzit may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Mogzit agrees to use any personally identifiable information contained in any of your Submissions in accordance with Mogzit’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owed to any person by reason of any Submissions posted by you to or through this Site.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below. Those prohibitions do not require Mogzit to monitor, police or remove any Submissions or other information submitted by you or any other user.

15. Force Majeure

None of the Parties shall be held responsible for the non-performance of this contract if the non-perforce is associated with force majeure. For the purpose of this Article, force majeure shall have the meaning assigned to it under Articles 1792 and 1793 of the Civil Code of Ethiopia.

16. Unauthorized Activities

When using this Site and/or the Services, you agree not to:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
• Post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Alter the opinions or comments posted by others on this Site.
• Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive. Mogzit reserves the right to (a) terminate access to your account, your ability to post to this Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Mogzit determines is inappropriate or disruptive to this Site or any other user of this Site. Mogzit may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Mogzit’s discretion, Mogzit will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or the Internet.

The unauthorized use of any materials or third-party content contained on this Site may violate certain laws and regulations.

You agree to indemnify and hold Mogzit and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Mogzit or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any professional negligence or malpractice claim or any claim or demand from a third-party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or infringe or misappropriate the copyrights, trademark rights or other rights of any third-party.

17. Proprietary Rights

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Mogzit. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

18. Intellectual Property Infringement

Mogzit respects the intellectual property rights of others, and Mogzit asks you to do the same. Mogzit may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others.

Mogzit reserves the right, in its sole discretion, to terminate the account or access of any user of our Site and/or Service who is the subject of repeated infringement notifications.

19. Disclaimer of Warranties

Your use of this Site is at your own risk. Materials and submissions have not been verified or authenticated in whole or part by Mogzit, and may include inaccuracies, typographical, or other errors. Mogzit does not warrant the accuracy or timeliness of the materials or submissions contained on this Site. Mogzit has no liability for any errors or omissions in the materials, whether provided by Mogzit, our licensors or suppliers, or other users.

Mogzit, for itself and its licensors, makes no express, implied, or statutory representations, warranties, or guarantees in connection with this site, the Services, or any materials relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented on this site, including without limitation the materials. unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this site, materials, and any information or material contained or presented on this site is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Mogzit does not provide any warranties against viruses, spyware, or malware that may be installed on your computer.

20. Limitation of Liability

Mogzit shall not be liable to you for any damages resulting from your displaying, copying, or downloading of any materials to or from this site. In no event shall Mogzit be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use, or other economic advantages) however arising, even if Mogzit knows there is a possibility of such damage.

21. Communications

By using the Site and/or the Services provided on or through the Site, you consent to receive electronic communications from Mogzit. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Mogzit. You agree that any notices, agreements, disclosures or other communications that Mogzit sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. Governing Law and Arbitration

Unless the Parties mutually agree otherwise in writing, this Agreement shall be governed by and construed in accordance with the laws of Ethiopia, regardless of the laws that might otherwise govern under applicable principles of conflicts of law.

The Parties understand and agree that any Party may give to the other at any time notice in writing that a dispute has arisen relating to this Agreement or the Parties’ interactions. If the dispute is not resolved by agreement in writing between the Parties within fourteen (14) days of the notice being given, the dispute shall be resolved in accordance with the rest of this Section.

Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, not resolved within fourteen (14) days in accordance with the preceding Section shall be referred to and finally resolved by the Addis Ababa Chamber of Commerce and Sectorial Association Arbitration Institute (AACCSA AI) in accordance with the AACCSA AI Arbitration Rules, as amended from time to time and by the rest of this clause. The seat of arbitration shall be Addis Ababa, Ethiopia and there shall be a single arbitrator appointed from and by AACCSA AI.  

Although the Parties mutually agree and intend that any disputes arising under this Agreement shall be resolved only by binding arbitration in accordance with the proceeding Sections, they further agree that, should this arbitration clause be struck down or otherwise disregarded, the venue for any action to enforce the terms and conditions of this agreement shall be determined by Ethiopian law and courts.

23. Contact Us

If you have any questions about these Terms or otherwise need to contact Mogzit for any reason, you can reach Mogzit at Mogzit In-Home Care PLC with a copy to mogzitinhomecare.info@gmail.com or call Mogzit at +251 902 993278 or
+251952133990