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1. DEFINITION OF TERMS. 

  1. “Busy Boda”, “we” or “us” hereinafter referred to the Company providing the Service.
  2. “Service(s)” means the use of the Application to secure collection, travel and set down at a given destination nominated by the Service User to a Rider and Motorbike dispatched by the Application.
  3. “Application (or App)”is the software, delivery platform, and network, owned and operated by Busy Boda for the dispatch of the ground transportation services to the Service User.
  4. “Service User”, “Pillion passenger”, “you”, “yours” means a person who has signed up and is registered with the Busy Boda Application for the use of the Service.
  5. “Rider”, “you”, “yours” means the person who is registered with the “Busy Boda” as a Rider for the purpose of providing transportation services to the Service Users using the Busy Boda App.
  6. “Motorbike” means a Motorbike that is owned licensed for use by a Rider to provide the ride to the Service User.
  7. vii.“Licence” means a personal non-exclusive license granted to the User to use the software associated with the Busy Boda Application and Site for the duration of the Visit and for the sole purpose of making motor bike and rider enquiries and bookings. When you access the Busy Boda site (a “Visit”), you are using software which is owned by or licensed, Lean Energy Solutions Ltd. Any other use, commercial or otherwise, of the software or information on the site without the express written permission of Busy Boda is strictly prohibited, including any reproduction, data mining, automated querying or similar data extraction processing.

2. INTRODUCTION

Busy Boda is a web-based app for ordering transportation; it communicates transportation service requests to the transportation service providers who have been registered as users of the Busy Boda system. These Terms of Use (“Terms”) govern the access or use by you, an individual within Kenya from which of applications, websites, content, products, and services (the “Services”) made available by Busy Boda. In order to use the BUSY BODA Application (the “BUSY BODA application” or “Website”), access the information contained on the BUSY BODA application or website (the “Website”) or make use of the services provided through the BUSY BODA APP (the “Service” or “Services”), the Rider and the Service User – customer/pillion passenger (hereinafter referred to as “You”) must first read this agreement (the “Agreement”) and accept it. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the Busy Boda website www.busyboda.co.ke/terms ​or through the Service creating a binding contractual relationship. The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes. Our collection and use of personal information in connection with the Services is as provided in Busy Boda’s Privacy Policy located at www.busyboda.co.ke/privacypolicy. Busy Boda may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company rider) and such information or data is necessary to resolve the complaint, dispute or conflict. The Company does not provide passenger, logistics or courier services, and the Company is not a logistics carrier or a passenger service provider. It is up to the passenger service provider, third party courier or logistics provider, courier or motorcycle operator to offer ride and courier services which may be scheduled through use of the software or service. The company offers information and a method to obtain such passenger or third party courier services, but does not intend to provide the aforementioned services or act in any way as a courier or passenger service provider, and has no responsibility or liability for any passenger, courier services other than the services stated herein provided to you by such third parties. The company does not also provide laundry or food services and shall therefore not bear any responsibility or be liable for loss or damage howsoever caused by or arising in relation thereto. Acceptance of these terms and conditions is a condition of booking and is your acknowledgement that you have read, understood and agreed to be bound by them. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Busy Boda. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Busy Boda may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Busy Boda is committed to contributing to improvement of the quality of transportation services. For this reason, we ask to fill out a feedback form on the Busy Boda website. This enables us to offer suggestions to the transportation service providers for improving the quality of their service.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

3. REGISTERING AND USING THE BUSY BODA APPLICATION.

The use of the Busy Boda app requires installation of the software and registration of a user account.     

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Busy Boda certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either MPESA or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Busy Boda’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Busy Boda in writing, you may only possess one Account. After registration, you may also be required to provide us with whatever proof of identity that we may reasonably request. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. During the installation of the Busy Boda app, the mobile number of the Busy Boda service user is linked to the respective user account and added to the database.    By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Busy Boda at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. The license agreement is valid for a non-limited period and is free of charge for the customer. In case of any faults in the software, we shall endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times.

We shall also accept no liability for any losses incurred as a consequence of the Busy Boda app not functioning or not being usable in the desired manner. In the event that the customer’s right to use the app is cancelled, the corresponding non-exclusive license shall also be repealed. As the Busy Boda app is a means of communication between customers and transportation service providers, Busy Boda cannot influence or take any responsibility for the quality or defects of the service. For this reason, we are unable to guarantee consistently accurate and faultless provision of transportation services located via Busy Boda. By registering with Busy Boda, we shall have the right to add the personal data of the app user to the Busy Boda database and to forward the personal data to transportation service providers in accordance with Busy Boda’s Privacy Policy. Busy Boda shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. Busy Boda shall be entitled to transfer the database of personal data to third parties without prior notification of the app users. In case of a transfer of the business or the database, the rights and conditions arising from this license agreement shall be transferred as well. Busy Boda shall also be entitled to forward personal data and payment data to mobile payment intermediaries. Busy Boda has the right to send marketing messages and authentication codes through SMS messages. For resolving complaints please contact our support team. When using the Busy Boda app, the user can choose whether he/she wishes to pay for the transportation service to the rider using cash, mobile money, credit/debit card payment or any other payment methods added as the app is updated. By registering for the Service, you warrant to us that you are at least eighteen years old. You must keep secure any means of identification that we provide to you in order to access the Service. You must not resell the Service or any products or services accessed by means of the Service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the Service. Further by using the Software or the Services, you agree that you will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes. Any packages tendered for delivery shall be subject to random checks for restricted and illegal substances upon reasonable suspicion by the courier service provider. Where the checks reveal any potentially corrosive, poisonous or explosive contents or unlawful material the courier service provider shall decline delivery of the package and immediately notify the Company. Other DON’TS of using the software include not using the Service or Software to cause nuisance, annoyance or inconvenience; not impairing the proper operation of the network; and not harming Service Providers or Software in any way whatsoever. Busy Boda takes no responsibility for any transactions which may occur as a result of a disclosure by you of your password to third parties or through any unauthorized access to your personal information. You are responsible for all use of the Service, and all transactions entered into by means of the Service, using this user identification. You must not use the Service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the Service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the Service by you or any other person using your membership identification or password. You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not grant a third party the right to access and use the Service. You must not disassemble, decompile, reverse engineer the whole or any part of the software accessed by means of the Service except to the extent that the KENYA INDUSTRIAL PROPERTY ACT NO. 3 of 2001 or any other applicable law prevents Busy Boda prohibiting you from doing so. You must not modify copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You must not use the software associated with the Service except in accordance with the Licence. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company. You acknowledge that we may receive a commission or an affiliate fee from transactions entered into using the Service. You must not assign any of your rights under this agreement to a third party. You agree that as a member you will be automatically added to our email newsletter for product and promotional updates. If you do not wish to continue to receive these newsletters, you will be given the option to unsubscribe in the newsletter. VAT will be charged for rides provided. Prices will be confirmed inclusive of these taxes. Any complaints can be sent to our support team via email info@busyboda.co.ke or by calling our support line provided on our website.

4. USER PROVIDED CONTENT.

Busy Boda may, in Busy Boda’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Busy Boda through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Busy Boda, you grant Busy Boda a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Busy Boda’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Busy Boda the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Busy Boda’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Busy Boda in its sole discretion, whether or not such material may be protected by law. Busy Boda may, but shall not be obligated to, review, monitor, or remove User Content, at Busy Boda’s sole discretion and at any time and for any reason, without notice to you.

5. THE SERVICES PROVIDED BY BUSY BODA AND OTHER 3RD PARTIES

The Services constitute a technology platform that enables users of Busy Boda’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Busy Boda. By agreeing to these terms and conditions, you acknowledge that portions of the Services may be made available under Busy Boda’s various brands or requested options associated with transportation or logistics, including the transportation request. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Busy Boda’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including transportation network company riders including SACCOS, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.

The Services may be made available or accessed in connection with third party services and content (including advertising) that Busy Boda does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Busy Boda does not endorse such third party services and content and in no event shall Busy Boda be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

6. ORDERING, PAYMENT AND CANCELLING TRANSPORTATION SERVICE TERMS.

If the Busy Boda app user orders  transportation and the driver has confirmed the receipt of service then the transportation is considered pre-ordered. All pricing is reflected in local currency (Kenya Shillings) unless otherwise specifically denoted on the screen. By agreeing to these terms and conditions, you understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Busy Boda will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Busy Boda. Further as between you and Busy Boda, Busy Boda reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Busy Boda’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Busy Boda will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.

You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Busy Boda will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. The Company reserves the right to determine the final prevailing pricing. Please take note the pricing information that may published on the website may not reflect the prevailing pricing. Busy Boda may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services as we deem necessary for our business. We encourage you to check back at our website ir terms and conditions periodically if you are interested about how we charge for the Services. All Charges are due immediately and payment will be facilitated by Busy Boda using the preferred payment method designated in your Account, after which Busy Boda will send you a receipt by email. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Busy Boda may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Any representation by Busy Boda (on Busy Boda’s website, in the Application, or in Busy Boda’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Busy Boda provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider motor bikes and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Busy Boda in Busy Boda’s reasonable discretion, Busy Boda reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Busy Boda to the applicable Third Party Provider and are non-refundable. Busy Boda does not guarantee the price of your ride once notified to you by SMS or on the Application as this is an estimate only. The actual fare payable will be broadly similar to the estimate we have provided, but the exact fare depends on various conditions beyond our control. The actual fare payable will be displayed at the end of the ride and this fare will be deducted from your nominated credit card account automatically.

Cancelling the use of an ordered transportation is considered to be the situation where the driver has notified about the receipt of an order and the Busy Boda app user waives the transportation service after receipt of the notice. Cancelling the use of an ordered transportation is also considered to be the situation where the user of the Busy Boda app or people whom the transportation was ordered for do not appear on the motor bike within 5 minutes as of the time when the driver notified them about the arrival of the motor bike in its destination. In case of cancelling the transportation service the Busy Boda app user has to pay a penalty fee at our discretion. In the event that the Busy Boda user notifies about the cancelling of transportation service within 2 minutes as of receiving of the notification concerning the receipt of the order through Busy Boda, the user does not have to pay the penalty fee. We have the right to revoke the right to use the app if the user has waived the use of transportation service on 3 successive instances in one 24 hour period. In the case the app notifies the user about the number of cancellations and after waiving the 3rd time, Busy Boda cancels the usage right. Busy Boda usage right can be cancelled for up to six months. After that the user can reactivate his/her user account by contacting the local team via email.

7. LICENSE GRANT & RESTRICTIONS

Subject to your compliance with these Terms, Busy Boda grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Busy Boda and Busy Boda’s licensors.

All rights not expressly granted to you are reserved by the Company and its licensors. You shall not:

  1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
  2. Modify or make derivative works based upon the Service or the Software;
  3. Create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet based device;
  4. Reverse engineer or access the Software in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Service or Software, or copy any ideas, features, functions or graphics of the Service or Software, or launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software(BUSY BODA)
  5. Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
  6. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services.

You may use the Software only for your personal, non-commercial purposes and shall not:

  1. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  2. Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights;
  3. Send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. Interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
  5. Attempt to gain unauthorized access to the Software or Service or its related systems or networks.

8. REPRESENTATIONS AND INDEMNIFICATION 

By using the Software or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Software are not available to children and minors (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old. By using the Software or the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of the Republic of Kenya. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorized device. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and then you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Busy Boda does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

By entering into this Agreement and using the Software or Application Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.

By consenting to these terms and conditions, you understand and agree that it is your responsibility to ensure that you remove your property from the motor bike of a Third Party Provider when disembarking. Should you leave your property on the motor bike of a Third Party Provider, the Third Party Provider may hand over your property to you or Busy Boda. Whilst you may expect Third Party Providers to hand over your property to you, the offices of Busy Boda shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Busy Boda or the Busy Boda local service entity shall not be liable for the loss or damage to your property whilst it is in transit. Whilst Busy Boda or the Busy Boda local service entity will take reasonable steps to establish the owner of property left on a Third Party Provider’s Motorbike if returned to the offices of Busy Boda, you understand and agree that: (i) Busy Boda will only keep your property in its possession for a maximum period of three months from the date on which the Third Party Provider handed your property to Busy Boda or the Busy Boda local service entity; and (ii) should you fail to collect your property from Busy Boda before the expiry of the three month period stipulated, Busy Boda will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Busy Boda or the Busy Boda local service entity in respect of your unclaimed property.

9. LIMITATION OF LIABILITY.

Busy Boda’s services may be used by you to request and schedule transportation, goods or logistics services with third party providers, but you agree that busy Boda has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms. All warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law. Where we are liable to you under these terms and conditions, to the maximum extent permitted by law our liability will be limited, at our option, to resupply of the Service or the cost of resupplying the Service. To the maximum extent permitted by law, Busy Boda excludes all liability in relation to the Service. Busy Boda shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Busy Boda has been advised of the possibility of such damages. We do not endorse or recommend any particular third party service provider, nor do we vouch for the accuracy or completeness of the information provided by third parties in relation to their products and services. Information provided through the Service is provided in good faith, and is subject to amendment at any time without notice. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Service. You are solely responsible for the suitability of any ride services which you purchase by means of the Service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of ride services for use in association with other ride services, except to the extent that liability in relation to those matters may be imposed on us by legislation that cannot be excluded. Busy Boda’s role in relation to your ride arrangements is limited to facilitating your booking and arranging ride documentation, payments and refunds as applicable. We accept responsibility for the performance of this role and for the willful negligence of our employees. However, to the maximum extent permitted by law, Busy Boda disclaims all liability for any technical errors, corruption of data, unauthorized access to your personal data, inaccuracies in information supplied by third parties, or failure by Busy Boda to complete bookings where that failure is due to circumstances beyond its control. Busy Boda accepts no responsibility or liability for any failure or delay on the part of any third party in providing ride services to you where your booking has been properly processed by it; nor is Busy Boda responsible for any acts or omissions of ground transport operators or other third parties in the course of delivery of such ride services, except to the extent that responsibility for those matters may be imposed on Busy Boda by legislation that cannot be excluded. Where Busy Boda is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to Services not provided because of Busy Boda’s default. Busy Boda shall only be liable to provide a refund to you to the extent that that it actually receives a refund from the relevant ground transport operator or other third party. Where refunds are due to you from third party suppliers of ride products or services, Busy Boda will provide reasonable assistance to you in claiming such funds from those suppliers. In that situation, Busy Boda is authorized (but not obliged) to seek such refunds from the third party supplier of ride products or services directly and on its own behalf. To the maximum extent permitted by law, Busy Boda excludes all liability for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment. Busy Boda shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Busy Boda has been advised of the possibility of such damages.  Busy Boda shall not be liable for delay or failure in performance resulting from causes beyond Busy Boda’s reasonable control. The company will not be a party to disputes, negotiations of disputes between you and such third party providers. The quality of the passenger, logistics or courier services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such services to you. You understand, therefore, that by using the software and the service, your shipments may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the software and the service at your own risk. Unless otherwise agreed to by you and the company, the Company shall not play any role in managing payments between you and the third party providers.

During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of THIRD PARTY SERVICE PROVIDERS, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the rights to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service. The limitations and disclaimer in this section 10.0 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

10. DISCLAIMER OF WARRANTIES.

As Busy Boda is not a provider or broker of the transportation service, we are unable to influence the quality of the transportation service. Any issues with defects or quality of the transportation service shall be resolved in accordance with the rules and regulations of the transportation service provider or the relevant supervisory authority. We expect that the users of the Busy Boda app use the app in good faith and are respectful of the riders who offer their services through Busy Boda.  Busy Boda shall make every effort to ensure that only riders, who have integrity and are respectful of their profession and customers, use the Busy Boda app. However, we are in no position to guarantee that every provider of transportation services, located via the Busy Boda app, satisfies the aforementioned criteria at all times. If you experience objectionable transportation service, please notify the company responsible for the service or a supervisory authority or our support team. The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. In addition, it does not represent or warrant that (i) the use of the service or software will be secure, timely, uninterrupted or error free or operate in combination with any other hardware, software, system or data, (ii) the service or software will meet your requirements or expectations, (iii) any stored data will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (v) errors or defects in the service or software will be corrected, or (vi) the service or the server(s) that make the service available are free of viruses or other harmful components. The service and software is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or no infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products remains solely with you, to the maximum extent permitted by law. The company’s service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems. The company shall ensure that the passenger, courier and logistics service providers obtain and keep comprehensive motor vehicle insurance, personal accident cover and/or carrier’s liability cover, as applicable. The carrier’s liability cover shall provide insurance coverage against loss or damage for packages delivered through the Busy Boda application.

11. GOVERNING LAW AND ARBITRATION.

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kenya. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to Arbitration proceedings under The Chartered Institute of Arbitrators (CIArb) Kenya. The place for the arbitration shall be Nairobi, Kenya and the Language shall be English or Kiswahili. If a party is not satisfied with the ruling of the arbitration, they shall appeal to the arbiter’s decision in the High Court of Kenya.     

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

12. NOTICES

Notices made by us for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via a notification message displayed on your account page or via the email address provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email. For notices made by You to us and for questions regarding this Agreement or the Services, You may contact BUSY BODA management at info@busyboda.co.ke.  

13. MISCELLANEOUS AND OTHER GENERAL PROVISIONS

  1. Responsibility – If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of Your Agreement with the Company and/or these Terms and Conditions, You shall be deemed to have taken the action yourself.
  2. Severability – If any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.
  3. Waivers – The failure by us to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
  4. Successors and Assigns – These Terms and Conditions will be binding upon, and inure to the benefit of the Company and any contracting parties and their respective successors and assigns. Any Agreement with the Company may not be assigned by you without the prior written approval of the Company and any such purported assignment in violation of this section shall be void. This Agreement may be assigned without your consent by the Company to a parent or subsidiary, an acquirer of assets or a successor by merger.   
  5. No Agency – Nothing in these Terms and Conditions shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between BUSY BODA and You.
  6. No Third Party Beneficiary – You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to any agreement entered into with the Company.
  7. vii.Updates – These terms and conditions were last updated on 8th March 2018