User Responsibility
As a user of Opengates, you are solely responsible for your actions, interactions, and any content you share or transactions you conduct on the Platform. This includes ensuring compliance with all applicable laws, regulations, and Platform policies. You are also responsible for verifying the accuracy and legality of the content you post and ensuring that your activities on the Platform do not infringe on the rights of others, including intellectual property rights. Opengates will not be held liable for disputes, losses, or damages that result from your actions on the Platform. Users are expected to act responsibly and professionally to maintain a positive and safe environment.
Platform Limitations
Opengates provides its services on an "AS IS" and "AS AVAILABLE" basis. While we make every effort to maintain the reliability and quality of the Platform, we do not guarantee uninterrupted or error-free operation. There may be instances where services are unavailable, features do not function as expected, or the Platform encounters unforeseen technical issues. Additionally, Opengates does not warrant that the Platform is entirely free from malware, viruses, or other harmful components. Users should exercise caution when accessing or interacting with third-party links, content, or services provided through the Platform.
Limitation of Liability
To the maximum extent permitted by law, Opengates and its affiliates, directors, officers, employees, and agents are not liable for indirect, incidental, special, or consequential damages, including loss of profits, revenue, or data, whether incurred directly or indirectly. This limitation also applies to damages arising from unauthorized access to or misuse of your account.
In any event, the total liability of Opengates for any non-escrow claim related to the use of the Platform shall not exceed the total amount you have paid to Opengates in the six months preceding the event giving rise to the claim, or one hundred US dollars (USD $100), whichever is greater.
Escrow-Related Claims: The liability cap above does not apply to claims involving funds held in escrow. For escrow-related claims arising from platform error, security breach, or system failure attributable to Opengates, Opengates is liable for the full value of funds held in escrow at the time of loss, up to the actual damages incurred.
Exclusions from Limitation: This limitation of liability does not apply to damages resulting from:
- Gross negligence or willful misconduct by Opengates.
- Fraud committed by Opengates or its employees.
- Death or personal injury caused by Opengates' negligence.
- Any liability that cannot be excluded or limited under the laws of the Republic of Kenya, including the Kenya Consumer Protection Act, 2019.
Indemnification
By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Opengates and its affiliates, directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) that arise from your use or misuse of the Platform. This includes violations of these Terms, breaches of applicable laws, and disputes resulting from content you upload or transactions you conduct on the Platform.
Risk Acknowledgment
By using the Platform, you acknowledge that there are inherent risks involved. You may encounter content that is offensive, harmful, or inaccurate, as this content is generated by other users. Opengates does not take responsibility for such content. Additionally, you understand that technical errors or limitations may affect the functionality or availability of the Platform. Engaging with other users, whether freelancers or clients, involves risks such as disagreements, misunderstandings, or disputes. While Opengates facilitates these connections, it does not guarantee the outcome or quality of the services provided by users on the Platform.