PRIVACY POLICY

User Agreement

Updated: August, 2024

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.
11.2 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.
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