Terms of Service
Welcome to HomecareHub! These Terms of Service (“Terms”) govern your access to and use of the HomecareHub website and mobile application (the “Platform”) operated by HomecareHub Limited, a company incorporated in the Republic of Kenya. HomecareHub is a marketplace connecting clients with verified domestic workers, skilled technicians, and care professionals. By creating an account or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use HomecareHub.
Important notice on dispute resolution. These Terms contain a mandatory arbitration clause under the Arbitration Act, 1995 (Laws of Kenya). Disputes between you and HomecareHub must be resolved individually through binding arbitration seated in Nairobi, not through court litigation or class actions, except where Kenyan consumer protection law provides otherwise. Please read Section 12 carefully.
- Eligibility & compliance
- Key definitions
- How HomecareHub works
- For Service Providers
- For Clients
- Bookings & cancellations
- User conduct & safety
- Intellectual property & ownership
- Disclaimers & limitation of liability
- Account termination
- Indemnification
- Dispute resolution & arbitration
- General provisions
1. Eligibility & Compliance
Age: You must be at least 18 years old to use HomecareHub.
Legal capacity: You warrant that you have full legal capacity to enter into binding contracts under Kenyan law.
Sanctions & AML: You may not use the Platform if you are subject to sanctions under Kenyan law or international regimes enforced in Kenya. All transactions must comply with the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) and Central Bank of Kenya regulations.
Account accuracy: You agree to provide accurate, complete, and updated information during registration. You are solely responsible for maintaining credential confidentiality and for all activity on your account.
2. Key Definitions
- Clients: Individuals or entities who search for, book, or pay for services through the Platform.
- Service Providers: Vetted individuals or agencies who offer services on the Platform as independent contractors. This includes but is not limited to caregivers, nurses, house managers, nannies, cooks, cleaners, security personnel, carpenters, electricians, plumbers, masons, painters, and other skilled tradespeople.
- Bookings: Formal service agreements between Clients and Service Providers facilitated through the Platform.
- Services: Domestic help, home care, maintenance, repair, installation, security, and related residential or light commercial services offered on HomecareHub.
- Mobile Money: Payments processed via M-PESA, Airtel Money, T-Kash, or other CBK-approved payment service providers.
3. How HomecareHub Works
Marketplace only: HomecareHub is a technology platform connecting Clients and Service Providers. We are not an employer, contractor, healthcare provider, or security firm. Service Providers are independent contractors, not employees of HomecareHub.
Payments: Clients pay HomecareHub in advance for Bookings via Mobile Money, bank transfer, or approved card processors. Service Providers are disbursed funds through the Platform after verified service completion. All payments must be processed through HomecareHub. Off-platform cash or direct mobile money transfers to bypass fees are strictly prohibited.
Pricing: Service Providers set their own rates in Kenya Shillings (KES). HomecareHub may establish minimum/maximum pricing guidelines per category.
No employment relationship: Nothing in these Terms creates an employment, partnership, or joint venture relationship. Clients engage Service Providers as independent contractors and should not exercise control over how services are performed beyond defining the scope of work.
Marketing use: HomecareHub may use anonymized booking data, public reviews, and user-generated content for marketing, quality improvement, and regulatory reporting purposes.
4. For Service Providers
Fulfillment & reliability: You must honor accepted Bookings. Chronic cancellations, lateness, substandard workmanship, or no-shows will negatively impact your rating and may lead to permanent deactivation.
Prohibited conduct: Illegal activity, sexual exploitation, fraud, unlicensed medical/electrical/plumbing work, unsafe practices, theft, and property damage are strictly forbidden.
Business compliance: If operating as a registered business or agency, you must submit valid CR12 forms, KRA PIN certificates, business permits, and compliance documentation upon request.
Quality standards: HomecareHub uses ratings, reviews, and performance metrics to evaluate Service Providers. Poor workmanship, safety violations, or Terms breaches may result in warnings, demotion, or permanent disablement.
Tax obligations: You are solely responsible for declaring income and remitting applicable taxes (including Turnover Tax, Income Tax, and NSSF/NHIF/SHIF contributions) to KRA and relevant statutory bodies. HomecareHub does not withhold tax unless required by law.
Tools & materials: Unless agreed otherwise in the Booking, Service Providers are responsible for providing their own tools, equipment, and PPE. Clients are responsible for supplying materials unless the Booking specifies otherwise.
5. For Clients
Lawful funds: Payments must originate from legitimate sources compliant with POCAMLA and CBK regulations.
Non-circumvention: You may not solicit, hire, or pay Service Providers outside of HomecareHub. Violations constitute material breach and may result in permanent account disablement and liquidated damages of KES 500,000 to cover platform losses, investigation costs, and enforcement expenses.
Safety acknowledgement: HomecareHub vets Service Providers but does not guarantee conduct, safety, workmanship quality, or clinical outcomes. Always use Platform tools to review profiles, verify credentials, communicate, and report concerns.
Site safety & permits: For technical works (electrical, plumbing, construction), Clients must ensure necessary county permits and approvals are obtained before work commences. Clients must provide safe working conditions and disclose hazards. HomecareHub assumes no liability for workplace accidents or property damage.
In-home services: If services occur at your residence, you are encouraged to maintain appropriate home insurance. Our conduct and safety rules remain fully applicable.
Data consent: By providing personal or health information, you consent to its processing by HomecareHub and assigned Service Providers solely for service delivery, in compliance with the Data Protection Act, 2019.
Supervision of domestic staff: While Service Providers are independent contractors, Clients retain responsibility for providing clear instructions and reasonable supervision for domestic tasks to prevent accidents or property damage.
6. Bookings & Cancellations
Completion: A Booking is marked complete when the Service Provider confirms delivery and the Client accepts it (or after an automatic acceptance period expires). For multi-day projects, milestone-based completion applies.
Disputes & revisions: Clients should use the Platform's Resolution Centre if services don't match the agreed description or industry standards. Withholding payment or feedback to extract extra services is prohibited.
Warranty on workmanship: Service Providers warrant that technical work (plumbing, electrical, carpentry, etc.) meets applicable Kenyan building codes and industry standards. Defects reported within 30 days of completion must be rectified at no additional cost, unless caused by Client misuse or pre-existing conditions.
Cancellations: Both parties may cancel per our published Cancellation Policy. Abusive cancellation patterns will be penalized.
Local/in-person services: HomecareHub does not supervise in-person interactions. All risk associated with on-site visits rests solely with the Client and Service Provider.
File safety: Users are responsible for scanning any files exchanged through the Platform. HomecareHub is not liable for malware or viruses.
7. User Conduct & Safety
On-platform communication: Keep all communication and file sharing on the Platform.
Respect & non-discrimination: Harassment, discrimination (based on tribe, gender, religion, disability, occupation, etc.), hate speech, threats, and abusive language violate Kenyan law and these Terms and will result in account action.
Confidentiality & data protection: Personal data, health information, and household details received by Service Providers must be kept strictly confidential per the Data Protection Act, 2019 and professional ethics. Unauthorized disclosure is a punishable offence.
One account policy: Each user is limited to one active account. Duplicate accounts created to evade rules, manipulate ratings, or commit fraud will be disabled.
Reporting: Report violations, safety concerns, or substandard work through our Support channels. Knowingly false or malicious reports may result in account penalties.
Appeals: If action is taken against your account, you may appeal within six months via Customer Support. Decisions are final unless overturned on review.
8. Intellectual Property & Ownership
Platform IP: HomecareHub owns all rights to the Platform, including software, design, trademarks, and databases. You may not copy, scrape, reverse-engineer, or build competing products using our Platform.
User content: You retain ownership of content you upload but grant HomecareHub a royalty-free, irrevocable license to display and use it for platform operations and marketing. You warrant that your content does not infringe third-party rights.
Service deliverables: Unless otherwise stated, Clients receive full rights to use deliverables (e.g. care plans, repair reports, designs) created specifically for them upon full payment. Service Providers retain underlying pre-existing methods, templates, and tools unless explicitly transferred.
Feedback: Any suggestions or feedback you provide become HomecareHub's exclusive property, royalty-free.
9. Disclaimers & Limitation of Liability
As-is service: The Platform and all services obtained through it are provided “as is” without warranties of any kind. HomecareHub does not guarantee provider quality, availability, workmanship, or clinical outcomes.
Not professional advice: HomecareHub is not a hospital, clinic, engineering firm, or licensed contractor. Nothing on the Platform constitutes medical, structural, or legal advice. Always consult qualified professionals for critical decisions. In emergencies, call 999 or 112.
Liability cap: To the fullest extent permitted by Kenyan law, HomecareHub and its affiliates are not liable for indirect, incidental, consequential, or punitive damages. Total liability is limited to the amount you paid to HomecareHub in the preceding 12 months or KES 10,000, whichever is greater.
Translations: Machine translations are for convenience only. The English version controls. Swahili or other language versions are non-binding.
10. Account Termination
HomecareHub may suspend or permanently disable accounts for Terms violations, poor performance, fraud, illegal activity, safety breaches, or regulatory directives. You may deactivate your account at any time, but outstanding financial and contractual obligations remain enforceable. Post-termination provisions regarding bookings, confidentiality, data retention, warranties, and disputes survive.
11. Indemnification
You agree to indemnify and hold HomecareHub, its directors, officers, employees, and agents harmless from claims arising from: (a) your violation of these Terms or Kenyan law; (b) your negligence, misconduct, or substandard workmanship; (c) infringement of third-party rights; (d) property damage or personal injury caused during service delivery; or (e) disputes regarding the independent contractor relationship between Client and Service Provider.
12. Dispute Resolution & Arbitration
Governing law: These Terms are governed by the laws of the Republic of Kenya.
Binding arbitration: All disputes shall be resolved by individual binding arbitration under the Arbitration Act, 1995 and the Chartered Institute of Arbitrators (Kenya Branch) Rules. The seat of arbitration shall be Nairobi, Kenya. The language shall be English/Kiswahili.
13. General Provisions
Changes: We may update these Terms. Continued use after changes constitutes acceptance. Material arbitration changes allow a 30-day rejection window.
Severability: If any provision is found unenforceable under Kenyan law, the remainder stays in full force.
Assignment: HomecareHub may assign these Terms without consent. You may not assign without prior written permission.
Entire agreement: These Terms supersede all prior agreements.
Force majeure: HomecareHub is not liable for failures caused by events beyond reasonable control, including internet outages, M-PESA system failures, strikes, natural disasters, political unrest, or government directives.
Contact: Questions? Reach our Support team via the Platform Help Centre, email support@homecarehub.co.ke, or call our Nairobi-based support line.