KaaAfrika
Terms & Conditions
1.
Contractual Relationship
1.1 These Terms & Conditions
govern your access to and use of applications, websites, content, products, and
services (the "Services") provided by KaaAfrika. Please read these
Terms & Conditions carefully before accessing the Services.
1.2 Your access to and use of the
Services constitutes your agreement to be bound by these Terms &
Conditions, establishing a legally binding relationship between you and
KaaAfrika. If you do not agree to these Terms & Conditions, you may not
access or use the Services. KaaAfrika may terminate these Services for you at
any time and for any reason, or may stop offering or deny access to the
Services or any part thereof.
1.3 Supplemental terms may apply to
certain Services, events, activities, or promotions and will be disclosed in
connection with those Services. Supplemental terms are considered part of these
Terms & Conditions for the relevant Services and will prevail in the event
of a conflict.
1.4 KaaAfrika may amend these Terms
& Conditions from time to time. Modifications will be effective upon
KaaAfrika’s posting of the updated Terms & Conditions at this location or
the applicable policies or supplemental terms on the relevant Service. Your
continued access or use of the Services after such posting constitutes your
consent to be bound by the modified Terms & Conditions.
1.5 KaaAfrika may provide necessary
information (including your contact details) to a claims processor or insurer
if there is a complaint, dispute, or conflict involving you and a Third Party
Provider, such as an accident, to help resolve the issue.
2.
License
2.1 Subject to your compliance with
these Terms & Conditions, KaaAfrika grants you a limited, non-exclusive,
non-sub licensable, 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 made available through the Services, for your personal,
non-commercial use. Any rights not expressly granted herein are reserved by
KaaAfrika and its licensors.
3.
Restrictions
3.1 You agree that you will not:
- (i) Remove any copyright, trademark, or other
proprietary notices from any portion of the Services;
- (ii) Reproduce, modify, create derivative works based
on, distribute, license, lease, sell, resell, transfer, publicly display,
publicly perform, transmit, stream, broadcast, or otherwise exploit the
Services, except as expressly permitted by KaaAfrika;
- (iii) Decompile, reverse engineer, or disassemble the
Services except as may be permitted by applicable law;
- (iv) Link to, mirror, or frame any portion of the
Services;
- (v) Cause or launch any programs or scripts for
scraping, indexing, surveying, or data mining any portion of the Services,
or unduly burdening or hindering the operation of any part of the
Services;
- (vi) Attempt to gain unauthorized access to or impair
any part of the Services or its related systems or networks.
4.
Ownership
4.1 The Services and all rights
therein remain the property of KaaAfrika and its licensors. These Terms &
Conditions do not grant you any rights (i) in or related to the Services,
except for the limited license granted above; or (ii) to use or reference in any
manner KaaAfrika’s company names, logos, product and service names, trademarks,
or service marks or those of KaaAfrika's licensors.
5.
Your Use of the Services
5.1
User Accounts
5.1.1 To access most parts of the
Services, you must register for and maintain an active personal user account
("Account"). You must be at least 18 years old to create an Account.
5.1.2 Account registration requires
you to submit certain personal information, including your name, address,
mobile phone number, National ID number, profile picture, and age, as well as
at least one valid payment method (either a credit card or another approved
payment partner).
5.1.3 You agree to maintain
accurate, complete, and up-to-date information in your Account. Failure to do
so may result in your inability to access and use the Services or in KaaAfrika
terminating these Terms & Conditions with you. You are responsible for all
activity that occurs under your Account, and you agree to maintain the security
and confidentiality of your Account credentials at all times.
5.2
User Requirements and Conduct
5.2.1 The Services are not available
for use by individuals 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.
5.2.2 You agree to comply with all
applicable laws when using the Services, and you may only use the Services for
lawful purposes. You will not cause nuisance, annoyance, inconvenience, or
property damage, whether to the Third Party Provider or any other party, in
your use of the Services.
5.2.3 In certain instances, you may
be asked to provide proof of identity to access or use the Services, and you
agree that you may be denied access to or use of the Services if you refuse to
provide proof of identity.
6.
Promotional Codes
6.1 KaaAfrika may offer promotional
codes that can be redeemed for Account credit, or other features or benefits
related to the Services, subject to any additional terms established on a
per-promotional-code basis ("Promo Codes").
6.2 You agree that Promo Codes:
- (i) Must be used for the intended audience and purpose,
and in a lawful manner;
- (ii) May not be duplicated, sold, or transferred in any
manner, or made available to the general public (whether posted to a
public forum or otherwise), unless expressly permitted by KaaAfrika;
- (iii) May be disabled by KaaAfrika at any time for any
reason without liability;
- (iv) May only be used pursuant to the specific terms
that KaaAfrika establishes for such Promo Code; and
- (v) Are not valid for cash.
6.3 KaaAfrika reserves the right to
withhold or deduct credits or other features or benefits obtained through the
use of Promo Codes if KaaAfrika determines that the use or redemption of the
Promo Code was in error, fraudulent, illegal, or in violation of the applicable
Promo Code terms or these Terms & Conditions.
7.
User Provided Content
7.1 KaaAfrika may allow you to
submit, upload, publish, or otherwise make available textual, audio, and/or
visual content and information, including commentary and feedback related to
the Services, support requests, and submissions of entries for contests and
promotions ("User Content"). Any User Content provided by you remains
your property.
7.2 By providing User Content to
KaaAfrika, you grant KaaAfrika a worldwide, perpetual, irrevocable,
transferable, 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 KaaAfrika’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.
7.3 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 KaaAfrika 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 KaaAfrika'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.
7.4 You agree not to provide User
Content that is defamatory, libelous, hateful, violent, obscene, unlawful, or
otherwise offensive, as determined by KaaAfrika in its sole discretion, whether
or not such material may be protected by law. KaaAfrika may, but shall not be
obligated to, review, monitor, or remove User Content, at KaaAfrika's sole
discretion and at any time and for any reason, without notice to you.
8.
Network Access and Devices
8.1 You are responsible for
obtaining the data network access necessary to use the Services. Your mobile network's
data and messaging rates and fees may apply if you access or use the Services
from a wireless-enabled device, and you shall be responsible for such rates and
fees.
8.2 You are responsible for
acquiring and updating compatible hardware or devices necessary to access and
use the Services and applications and any updates thereto. KaaAfrika does not
guarantee that the Services, or any portion thereof, will function on any
particular hardware or devices.
8.3 The Services may be subject to
malfunctions and delays inherent in the use of the Internet and electronic
communications.
9.
Payment
9.1 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").
9.2 After you have received services
or goods obtained through your use of the Services, KaaAfrika will facilitate
your payment of the applicable Charges on behalf of the Third Party Provider as
such Third Party Provider's limited payment collection agent. Payment of the
Charges in such manner shall be considered the same as payment made directly by
you to the Third Party Provider.
9.3 Charges will include applicable
taxes where required by law. Charges paid by you are final and non-refundable
unless otherwise determined by KaaAfrika.
9.4 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.
KaaAfrika will respond accordingly to any request from a Third Party Provider
to modify the Charges for a particular service or good.
9.5 All Charges are due immediately,
and payment will be facilitated by KaaAfrika using the preferred payment method
designated in your Account, after which KaaAfrika will send you a receipt by
email. If your primary payment method is determined to be expired, invalid, or
otherwise unable to be charged, you agree that KaaAfrika may use a secondary
payment method in your Account, if available.
9.6 This payment structure is
intended to fully compensate the Third Party Provider for the services or goods
provided. Except for taxi transportation services requested through the
application, KaaAfrika does not designate any portion of your payment as a tip
or gratuity to the Third Party Provider. Any representation by KaaAfrika (on
KaaAfrika’s website, in the application, or in KaaAfrika’s marketing materials)
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 KaaAfrika provides any additional amounts, beyond
those described above, to the Third Party Provider. Gratuities are voluntary.
10.
KaaAfrika Wallet System Terms & Conditions
These Wallet System Terms &
Conditions ("Wallet Terms") govern your use of the wallet feature
("Wallet") available on the KaaAfrika platform for both drivers and
riders. By using the Wallet, you agree to be bound by these Wallet Terms, which
are supplemental to KaaAfrika's general Terms & Conditions.
10.1
Wallet Overview
10.1.1 The Wallet is a digital
payment system provided by KaaAfrika Smart Tech LTD that allows both drivers
and riders to store funds for transactions within the KaaAfrika platform. The
Wallet simplifies payment for services, offering a seamless, cashless
experience. Riders can deposit money into their Wallet, which can then be used
to pay for services, while drivers will be required to use the Wallet to
receive payments. Unless otherwise specified, all bonuses, promotions,
discounts, referral benefits, and any other rewards provided by KaaAfrika will
be credited directly to the user's or driver's Wallet.
10.2
Rider Wallet Usage
10.2.1 Encouragement to Deposit
Funds: Riders are encouraged to deposit funds into their Wallet prior to
using KaaAfrika services to avoid any cash dealings with drivers. Depositing
funds ensures a smooth and secure transaction process.
10.2.2 Discount for Wallet
Payments: Riders who use their Wallet to pay for services will receive a
discount on the total fare or service fee. This discount is automatically
applied at the time of payment.
10.2.3 Deposits: Riders can
deposit money into their Wallet using various payment methods, including credit
cards, bank transfers, or other accepted payment options. All deposits are immediately
available for use within the KaaAfrika platform once successfully processed.
10.2.4 Refunds: Wallet
balances are generally non-refundable. However, exceptions may be made at
KaaAfrika’s discretion for cases such as service issues or account termination.
Any refunds will be processed according to KaaAfrika’s refund policies.
10.3
Driver Wallet Usage
10.3.1 Mandatory Wallet Usage:
All KaaAfrika drivers are required to use the Wallet to receive payments for
services provided. This ensures a cashless and secure transaction process
between riders and drivers.
10.3.2 Payouts: Drivers can
transfer their Wallet balance to their bank account or other approved payout
methods. Payout requests can be made through the app and will be processed
according to KaaAfrika's payout schedule and procedures.
10.3.3 Fees: KaaAfrika does
not charge any fees for Wallet deposits or payouts. However, third-party fees
(such as bank transfer fees) may apply, depending on the driver’s payout
method.
10.4
Wallet Balance and Expiration
10.4.1 No Expiration: Wallet
balances do not expire and can be used at any time for KaaAfrika services.
10.4.2 Balance Limits:
KaaAfrika reserves the right to set minimum and maximum limits for Wallet
balances and transactions. These limits will be clearly communicated to users
within the app.
10.5
Security and Responsibility
10.5.1 Account Security: You
are responsible for maintaining the security and confidentiality of your Wallet
credentials, including your account login information. KaaAfrika is not
responsible for any unauthorized transactions that occur due to your failure to
secure your account.
10.5.2 Fraudulent Activity:
Any suspected fraudulent activity related to your Wallet may result in
suspension or termination of your Wallet and account. KaaAfrika reserves the
right to investigate and take appropriate legal action for any fraudulent
activity.
10.6
Modifications and Termination
10.6.1 Changes to the Wallet
Terms: KaaAfrika may update these Wallet Terms from time to time. Any
changes will be effective when posted within the app or communicated to users.
Continued use of the Wallet after such changes constitutes your agreement to
the updated Wallet Terms.
10.6.2 Termination of Wallet
Services: KaaAfrika reserves the right to terminate or suspend Wallet
services for any reason, including suspected fraud or misuse. In the event of
termination, any remaining balance in your Wallet may be subject to forfeiture,
unless otherwise determined by KaaAfrika.
10.7
Wallet Disputes
10.7.1 Transaction Disputes:
If you believe there has been an error with your Wallet transaction, you must
notify KaaAfrika within 30 days of the transaction. KaaAfrika will investigate
and, if necessary, correct any verified errors. Failure to notify KaaAfrika
within the specified period may result in your waiver of any claim related to
the disputed transaction.
10.7.2 Final Decisions:
KaaAfrika’s decision regarding Wallet disputes shall be final and binding,
subject to applicable law.
11.
Off-App Transactions and Misconduct
KaaAfrika is committed to providing
a secure and trustworthy platform for both drivers and riders. To ensure the
integrity of our services, the following terms apply to off-app transactions
and related misconduct:
11.1
Prohibition of Off-App Transactions
11.1.1 Drivers are strictly
prohibited from soliciting or accepting payments for rides that are not
processed through the KaaAfrika platform ("Off-App Transactions").
This includes, but is not limited to, taking passengers off the app to avoid paying
commission to KaaAfrika.
11.1.2 Riders are also prohibited
from requesting or encouraging drivers to take payments outside of the
KaaAfrika platform.
11.1.3 Riders who report providers requestion extra fare from them or asking them to go off app with evidence will be credited with 1000N. Providers who report passengers who are requesting providers to go off app with evidence, will be rewarded with 2000N
11.2
Breach of Contract
11.2.1 Violation of Terms:
Drivers or passengers who engage in Off-App Transactions are violating the
contractual agreement they have with KaaAfrika. By taking transactions offline,
both parties are in breach of their obligations under these Terms &
Conditions and may face legal consequences in addition to platform-specific
penalties.
11.3
Reporting Violations
11.3.1 Riders who are approached by
drivers for Off-App Transactions are encouraged to report such incidents
immediately to KaaAfrika via the in-app reporting system or customer service.
All reports will be handled confidentially, and appropriate action will be
taken.
11.4
Penalties for Drivers
11.4.1 Investigation and
Suspension: Any driver found engaging in Off-App Transactions will be
subject to an investigation by KaaAfrika. If found guilty, the driver may be
suspended from the platform, either temporarily or permanently, at KaaAfrika’s
discretion.
11.4.2 Union Reporting: In
addition to suspension, drivers who violate this policy may be reported to
their union or relevant transportation authority for further disciplinary
action.
11.5
Penalties for Riders
11.5.1 Investigation and
Restriction: Riders who request or encourage drivers to engage in Off-App
Transactions will also be subject to investigation. Depending on the severity
of the violation, riders may face penalties, including temporary suspension,
restriction of services, or permanent deactivation of their account.
11.6
Zero Tolerance for Repeat Offenders
11.6.1 Repeat Offenders:
Drivers or riders who are found to repeatedly engage in Off-App Transactions
may be permanently banned from using the KaaAfrika platform, without the
possibility of reinstatement.
11.7
Impact on Wallet Discounts
11.7.1 Riders who engage in Off-App
Transactions will forfeit any Wallet discounts they may have been entitled to.
Additionally, their Wallet balance may be frozen during the investigation
period.
12.
Monitoring and Enforcement
KaaAfrika reserves the right to
monitor transactions and communications on the platform to identify and prevent
Off-App Transactions. If suspicious activity is detected, KaaAfrika may take
immediate action, including temporarily suspending accounts and conducting
investigations.
12.1 KaaAfrika will reward any rider or provider who reports any abuse of the system or any fraudulent activities with extra financial credits to their wallet. Please make sure you have tangible evidence when reporting fraud or violations.
13.
Appeals Process
Drivers and riders who have been
penalized for engaging in Off-App Transactions may appeal KaaAfrika’s decision
by providing evidence or an explanation to support their case. KaaAfrika will
review all appeals but reserves the right to uphold or modify its decision
based on the findings.
14.
Encouraging Platform Use
KaaAfrika encourages all users to
conduct transactions through the platform to ensure the safety, security, and
reliability of our services. By using KaaAfrika, you agree to the policies
outlined in these Terms & Conditions and acknowledge that any violations
may result in penalties as described above.
15.
General
15.1 You may not assign or transfer
these Terms & Conditions in whole or in part without KaaAfrika’s prior
written approval. You give your approval to KaaAfrika to assign or transfer
these Terms & Conditions in whole or in part, including to (i) a subsidiary
or affiliate; (ii) an acquirer of KaaAfrika’s equity, business, or assets; or
(iii) a successor by merger.
15.2 If any provision of these Terms
& Conditions is held to be illegal, invalid, or unenforceable, in whole or
in part, under any law, such provision or part thereof will be deemed not to
form part of these Terms & Conditions, but the legality, validity, and
enforceability of the other provisions in these Terms & Conditions will 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 content and purpose of these Terms & Conditions.
15.3 These Terms & Conditions
constitute the entire agreement and understanding of the parties with respect
to its subject matter and replace and supersede all prior or contemporaneous
agreements or undertakings regarding such subject matter.
16.
Contact Information
16.1 For any inquiries regarding these Terms & Conditions or the Services, please contact KaaAfrika at KaaAfrika@KaaAfrika.com