Terms of Service

1. About the Platform

Kaya is an online marketplace operated by AARIVA (Pty) Ltd (“we”, “us”, or “the platform”), a company incorporated in the Republic of South Africa. The platform connects customers who need home-maintenance and repair services with independent service providers who offer those services.

By registering an account or using the platform you agree to be bound by these Terms of Service (“Terms”). If you do not agree, please do not use the platform.

2. Independent Contractor Status of Providers

Service providers who register on the platform are independent contractors, not employees, agents, or partners of AARIVA (Pty) Ltd. The platform does not direct, supervise, or control the manner in which providers carry out their work. Providers set their own schedules, determine their own methods, and use their own tools and equipment.

Nothing in these Terms creates an employment relationship, labour-broking arrangement, or any other form of service relationship between AARIVA (Pty) Ltd and a provider for the purposes of the Labour Relations Act, Basic Conditions of Employment Act, or any other applicable South African legislation.

3. Customer Responsibilities

As a customer you agree to:

• Provide an accurate and complete description of the work required, including relevant photos where requested.
• Grant the assigned provider safe and lawful access to your property at the agreed time.
• Disclose any known hazards on the premises (e.g., electrical faults, asbestos, pets) that could affect the provider’s safety.
• Not request or encourage providers to perform unlicensed work where a licence is required by law.
• Pay the agreed amount promptly on job completion or as otherwise specified.
• Treat all providers with dignity and respect. Abusive or harassing behaviour may result in account suspension.

4. Provider Responsibilities

As a service provider you agree to:

• Hold all licences, registrations, and permits required by South African law for the trade or skill you offer (e.g., Certificate of Compliance for electrical work under the Occupational Health and Safety Act).
• Carry your own public liability insurance appropriate for the services you offer. The platform does not provide insurance cover for providers.
• Provide accurate information about your qualifications, experience, and availability.
• Arrive at the agreed time, carry out work to a professional standard, and notify the customer promptly if circumstances change.
• Not solicit customers to pay outside the platform in order to circumvent the platform’s fees or escrow arrangement.
• Comply with all applicable health and safety legislation while on a customer’s premises.

5. Payments and Escrow

All payments are processed through the platform’s escrow facility:

1. When a customer accepts a quote, the agreed amount is authorised or held by the payment processor on behalf of the platform.
2. Funds are released to the provider only after the customer confirms job completion, or after 48 hours if the customer has not raised a dispute.
3. The platform deducts a service feebefore remitting the balance to the provider. The fee applicable to your account is displayed during onboarding and may be updated with 30 days’ notice.
4. Refunds, where applicable, are processed within 5–10 business days depending on the customer’s payment method.

6. Disputes and Mediation

Where a customer and provider cannot resolve a dispute directly, either party may escalate the matter to the platform by submitting a dispute through the in-app support channel. We will:

• Acknowledge the dispute within 4 business hours.
• Conduct mediation and issue a determination within 48 hours of receiving sufficient information from both parties.
• Hold escrowed funds until the dispute is resolved.

The platform’s determination is final for escrow-release purposes but does not prevent either party from pursuing independent legal remedies.

7. Limitation of Liability

To the maximum extent permitted by South African law, the platform’s total liability to any party arising from or in connection with a specific transaction is limited to the value of that transaction as held in escrow at the time the claim arises.

The platform is not liable for:

• The quality or outcome of any work performed by a provider.
• Damage to property caused by a provider’s acts or omissions.
• Loss of income or consequential loss suffered by any user.
• Service interruptions caused by third-party infrastructure providers.

Nothing in these Terms excludes liability for fraud, gross negligence, or any other liability that cannot be excluded under applicable South African law, including the Consumer Protection Act 68 of 2008.

8. Account Termination

We may suspend or terminate your account at our discretion, without prior notice, if we reasonably believe you have:

• Breached any provision of these Terms.
• Provided false or misleading information during registration or on the platform.
• Engaged in fraudulent, abusive, or illegal activity.
• Repeatedly received poor performance ratings that indicate a risk to customers.

You may close your account at any time by contacting support. Account closure does not affect any obligations that arose before closure, including outstanding payments. Personal data following closure is subject to our Privacy Policy.

9. Intellectual Property

All content on the platform — including the Kaya name, logo, design, and software — is owned by or licensed to AARIVA (Pty) Ltd. You may not reproduce, redistribute, or create derivative works from any platform content without our written consent.

By submitting reviews, photos, or other content to the platform you grant us a non-exclusive, royalty-free licence to display, reproduce, and distribute that content on the platform for the purpose of operating the marketplace.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via a platform notification or email at least 14 days before they take effect. Continued use of the platform after the effective date constitutes acceptance of the revised Terms.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from or in connection with these Terms shall be subject to the jurisdiction of the Magistrate’s Court with jurisdictionover the respondent’s registered address or, at our election, any court of competent jurisdiction in South Africa.

12. Contact

Questions about these Terms should be directed to: