Terms & Conditions

Last updated: 22/11/2024

Table of Contents

1. Contractual Relationship

These Terms of Use ("Terms") govern your access and use of MamaRide Kenya's applications, websites, content, products, and services (the "Services") made available in Kenya by MamaRide Kenya Ltd., a company registered in Kenya.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and MamaRide Kenya. 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.

MamaRide Kenya may amend these Terms from time to time. Amendments will be effective upon MamaRide Kenya's posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in MamaRide Kenya's Privacy Policy. MamaRide Kenya may provide necessary information to relevant authorities if there is a complaint, dispute or conflict involving you and a Driver, and such information is necessary to resolve the matter.

2. The Services

The Services constitute a technology platform that enables users of MamaRide Kenya's mobile applications or websites to arrange and schedule transportation services with independent third party providers of such services ("Drivers").

YOU ACKNOWLEDGE THAT MAMARIDE KENYA DOES NOT PROVIDE TRANSPORTATION SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MAMARIDE KENYA.

License

Subject to your compliance with these Terms, MamaRide Kenya grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Applications on your personal device solely in connection with your use of the Services for your personal, noncommercial use.

Restrictions

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, or distribute the Services except as expressly permitted; (iii) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services

You acknowledge that the Services may be made available under MamaRide Kenya's various service options including "MamaRide Standard," "MamaRide XL," "MamaRide Premium," and "MamaRide Family."

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content that MamaRide Kenya 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.

Ownership

The Services and all rights therein are and shall remain MamaRide Kenya's property or the property of MamaRide Kenya's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights to use or reference MamaRide Kenya's company names, logos, product and service names, trademarks or services marks.

3. Your Use of the Services

User Accounts

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. You agree to maintain accurate, complete, and up-to-date information in your Account.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

Text Messaging

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 messages from MamaRide Kenya at any time.

User Provided Content

MamaRide Kenya may permit you to submit content through the Services. Any User Content provided by you remains your property, but by providing User Content, you grant MamaRide Kenya a license to use such content.

Network Access and Devices

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.

4. Payment

You understand that use of the Services may result in charges to you for the services you receive from a Driver ("Charges"). After you have received services obtained through your use of the Service, MamaRide Kenya will facilitate your payment of the applicable Charges on behalf of the Driver.

All Charges are due immediately and payment will be facilitated by MamaRide Kenya using the preferred payment method designated in your Account. Charges paid by you are final and non-refundable, unless otherwise determined by MamaRide Kenya.

MamaRide Kenya reserves the right to revise Charges for existing services. You acknowledge that Charges applicable in certain geographical areas may increase during times of high demand.

You may elect to cancel your request for services from a Driver at any time prior to such Driver's arrival, in which case you may be charged a cancellation fee.

You understand and agree that, while you are free to provide additional payment as a gratuity to any Driver who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Driver vehicles resulting from use of the Services under your Account in excess of normal "wear and tear."

5. Disclaimers; Limitation of Liability; Indemnity

LIMITATION OF LIABILITY

Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence.

MamaRide Kenya, its affiliates, directors, officers, employees, and agents are not liable for: (i) damages or losses arising from any transaction or relationship between you and a Driver; (ii) the availability and accuracy of the content, products or services of the Driver; or (iii) delay or failure in performance resulting from causes beyond our reasonable control.

Our total liability to you, arising out of these Terms or in connection with the provision to you of the Services, shall not exceed five thousand Kenyan Shillings (KES 5,000).

Your Liability and Indemnity

You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the Services, or your violation of any laws or third party rights.

DISCLAIMER

We provide the Services "as is" and "as available." The Services may be subject to limitations, delays, and other problems inherent to the use of the internet and electronic communications. MamaRide Kenya may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons.

6. Lost Property

You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Driver when disembarking. Should you leave your property in the vehicle of a Driver, the Driver may hand over your property to you or to MamaRide Kenya.

MamaRide Kenya shall not be held liable in the event of the Driver not handing over your property as expected. Moreover, MamaRide Kenya shall not be liable for the loss or damage to your property whilst it is in transit.

When your property is in MamaRide Kenya's possession, you understand and agree that MamaRide Kenya will only keep your property for a maximum period of three months. Should you fail to collect your property before the expiry of this period, MamaRide Kenya will be entitled to deal with your property as it deems fit.

7. Governing Law; Arbitration

These Terms shall be exclusively governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with the Services or these Terms shall be first submitted to mediation. If such dispute has not been settled within sixty (60) days, such dispute can be referred to and shall be exclusively resolved by arbitration in Kenya.

8. Other Provisions

Claims of Copyright Infringement

Claims of copyright infringement should be sent to MamaRide Kenya's designated agent.

Notice

MamaRide Kenya may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication.

General

You may not assign or transfer these Terms in whole or in part without MamaRide Kenya's prior written approval. No joint venture, partnership, employment or agency relationship exists between you, MamaRide Kenya or any Driver as a result of the contract between you and MamaRide Kenya or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, such provision 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.