1. Agreement to Terms
By accessing or using the E-Vive platform, website, or any associated services (collectively, the “Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you must not use the Service.
These Terms constitute a legally binding agreement between you and Star Delight Enterprises (“E-Vive”, “we”, “us”), a company registered in Kenya with its principal office at Mararo Avenue, off Riara Road, Nairobi, Kenya.
3. Accounts & Registration
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain the security of your login credentials and not share them with others.
- Notify E-Vive immediately at hello@e-vive.co.ke if you suspect unauthorised access to your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate any account that we reasonably believe has been misused, is inactive, or violates these Terms.
4. Client Terms
As a Client, you agree to:
- Provide accurate information about the care recipient's needs, medical conditions, and living environment.
- Treat all HCAs with dignity and respect. Any abusive, discriminatory, or unsafe behaviour towards an HCA will result in immediate termination of the placement.
- Ensure the care environment is safe for the HCA to work in.
- Pay invoices by the agreed due date. Late payment may result in suspension of the placement.
- Give reasonable notice (minimum 48 hours) for cancellation of a placement, except in genuine emergency situations.
- Non-solicitation obligation: You agree not to directly hire, contract, or engage in any private care arrangement with any HCA introduced to you through the E-Vive platform for a period of 24 months after you cease to be an active E-Vive client or after the conclusion of any E-Vive-managed placement — whichever is later. This obligation applies regardless of how or where the engagement takes place.
5. HCA Terms
As an HCA, you agree to:
- Maintain the accuracy of your profile, certificates, and availability information on the platform at all times.
- Attend all confirmed placements punctually. Unexplained absences will be escalated and may result in suspension from the platform.
- Complete Cardex entries accurately and in real time during your shift.
- Clock in and out using the GPS-verified system for every shift.
- Maintain patient confidentiality at all times. You must not disclose any information about a patient or their family outside the E-Vive platform without explicit consent.
- Report any incident, concern, or safeguarding issue immediately to E-Vive's Clinical Quality team.
- Smartphone & internet access: You must maintain a working smartphone and reliable mobile internet access for the duration of your engagement on the E-Vive platform. These are required to clock in and out via GPS, submit Cardex reports in real time, receive placement notifications, and communicate with E-Vive coordinators and clients. Failure to maintain adequate device or connectivity standards may result in suspension from the platform.
- Non-compete obligation: You agree not to directly provide care services to, or accept private employment from, any client or patient introduced to you through the E-Vive platform for a period of 24 months after you leave the E-Vive network or after the conclusion of any E-Vive-managed placement with that client — whichever is later. This restriction applies regardless of how the private arrangement is initiated.
6. Rates & Payments
HCA rates are set exclusively by E-Vive's Super Admin based on the HCA's certification level, years of experience, and care specialisation. HCAs do not set their own rates.
Clients are invoiced by E-Vive on a per-shift or weekly basis, depending on the placement type. All payments are processed in Kenyan Shillings (KES) via M-Pesa or bank transfer.
E-Vive retains a platform and management fee from each placement. The HCA's net rate is communicated to them upon approval and before their first placement.
In the event of a billing dispute, contact hello@e-vive.co.ke. We will investigate and respond within 5 business days.
7. Acceptable Use
You must not use the Service to:
- Circumvent the platform by arranging private placements directly with HCAs found through E-Vive.
- Post false, misleading, or defamatory reviews or reports.
- Harvest contact details of HCAs or Clients for commercial purposes.
- Attempt to gain unauthorised access to any part of the platform.
- Use the Service for any purpose that is illegal under Kenyan law.
Violation of these rules may result in immediate account termination and, where appropriate, referral to relevant authorities.
8. Intellectual Property
All content on the E-Vive platform - including the E-Vive name, logo, design, text, and software - is owned by Star Delight Enterprises and is protected by Kenyan intellectual property law.
You may not reproduce, distribute, or create derivative works from any E-Vive content without prior written permission.
9. Limitation of Liability
To the maximum extent permitted by Kenyan law, E-Vive's liability for any claim arising from the use of the Service is limited to the amount you have paid to E-Vive in the 30 days preceding the event giving rise to the claim.
E-Vive is not liable for any indirect, consequential, or incidental loss arising from your use of the Service, including loss of income, loss of data, or personal injury caused by an HCA acting outside the scope of their care plan.
We do not guarantee that the Service will be uninterrupted or error-free. We will endeavour to give reasonable notice of planned maintenance.
10. Termination
Either party may terminate the service relationship at any time by giving 7 days' written notice. E-Vive may terminate immediately without notice if you breach these Terms, particularly in cases involving abuse, fraud, or patient safety concerns.
Upon termination, your access to the platform will be suspended. Data will be retained in line with our Privacy Policy.
11. Non-Compete & Non-Solicitation
This section sets out the obligations of both Clients and HCAs to protect E-Vive's business relationships and proprietary matching services.
HCA Restriction (24 months): An HCA who leaves the E-Vive network — whether voluntarily, through suspension, or by non-renewal — may not directly provide care services to, or accept private employment from, any Client or patient they were introduced to through the E-Vive platform for a period of 24 months from the date of departure or the conclusion of their last E-Vive-managed placement, whichever is later.
Client Restriction (24 months): A Client who ceases to use E-Vive services may not directly hire, contract, or engage in any private care arrangement with any HCA introduced to them through the E-Vive platform for a period of 24 months from the date they cease to be an active E-Vive client or from the conclusion of their last E-Vive-managed placement, whichever is later.
These restrictions apply:
- Regardless of whether the private arrangement is initiated by the Client, the HCA, or a third party.
- To direct employment, informal care arrangements, sub-contracting, and any other form of private engagement.
- Even if the HCA or Client claims the relationship arose independently of E-Vive — the burden of proof lies with the party seeking to demonstrate independence.
Penalty for Non-Compliance: Any Client or HCA found to have violated this non-compete or non-solicitation clause shall be liable to pay E-Vive a penalty equivalent to three (3) months' worth of the applicable monthly care fee for the placement or care arrangement in question. This penalty is in addition to — and does not replace — E-Vive's right to seek injunctive relief or damages under Kenyan law. The applicable monthly care fee shall be calculated at E-Vive's standard live-in care rate in effect at the time of the breach, unless a higher agreed rate was in place.
E-Vive reserves the right to pursue recovery of this penalty through the courts of Kenya and to blacklist the offending party from the platform indefinitely.
12. Governing Law
These Terms are governed by the laws of Kenya. Any dispute arising from these Terms shall be referred first to mediation under the Nairobi Centre for International Arbitration rules. If mediation fails, disputes shall be resolved in the courts of Kenya.