The Fine Print
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE MOTORCYCLE TAXI SERVICES
These terms and conditions apply to use of motorcycle taxi services (hereinafter the “Services”) provided by BodaDash Limited (hereinafter “BodaDash”). Use of the Services constitutes acceptance and agreement to these terms and conditions.
In these terms and conditions, the words “including” and “include” mean “including, but not limited to.”
Your use of the Services constitutes your agreement to be bound by these terms and conditions which establish a contractual relationship between you and BodaDash. If you do not agree to these terms and conditions, you may not use the Services.
These terms and conditions expressly supersede any other agreement with BodaDash relating to the Services. BodaDash may with immediate effect terminate these terms, the Services with respect to you or generally at any time for any reason.
BodaDash may amend these terms and conditions from time to time. Such amendments will be effective upon being posted on BodaDash’s website or being shared with you. Your continued access or use of the Services after amendments constitutes your consent to be bound by the amended terms and conditions.
ACCESSING THE SERVICES
You may use the Services by purchasing distance-capped products directly from BodaDash to arrange and schedule transportation or courier services with independent third party motorcycle taxi transportation providers who are under an independent contractor’s services agreement with BodaDash (hereinafter “Independent Riders”). BodaDash does not provide motorcycle taxi or courier services and all such services are provided by the Independent Riders who are not employees of BodaDash.
THIRD PARTY SERVICES
The Services may be accessed in connection with third party services and content including advertising that BodaDash does not control. BodaDash shall not be liable for any products or services of such third party providers.
The Services and all rights therein are the property of BodaDash. You do not have the right to use or reference in any manner BodaDash’s name, logo, trademarks or services marks.
USE OF THE SERVICES
To access the Services, you must register for and maintain an active personal user account. You must be at least 18 years of age to obtain an account. The registration requires you to submit some personal information. You agree to maintain accurate and complete personal information. You may only possess one account.
The Service may only be used by persons over the age of 18. You are responsible for all activity that occurs under your account. You may not authorize third parties to use your account and you may not allow persons under the age of 18 to receive transportation from Independent Riders.
You agree to comply with all applicable laws when using the Services and you will only use the Services for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage to the Independent Riders or other third parties. If requested to provide proof identity to use the Services, you agree that you may be denied access if you refuse to provide such proof of identity.
You agree that BodaDash may send you text messages as part of the normal business operation of your use of the Services. You may opt out of receiving text messages at any time. You acknowledge that opting out of receiving text messages may impact your use of the Services.
BodaDash may at its discretion create promotional codes that may be redeemed for account credit. BodaDash reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the promotion codes by you or any other user in the event it determines or believes that the use or redemption of the promotion codes was in error, fraudulent, illegal, or in violation of the applicable terms or these terms and conditions.
At the point of purchasing the distance-capped products directly from BodaDash, you will pay the charges directly to BodaDash. The charges may include other applicable fees such as municipal tolls and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by BodaDash.
BodaDash will send you a receipt by email.
You will be charged a cancellation fee of Kenya Shillings One Hundred (KES 100.00) if you decide to cancel your request for Services prior to the arrival of the Independent Rider.
You may provide additional payment as a gratuity (tip) to any Independent Rider but you are under no obligation to do so.
BodaDash may provide an opportunity to give feedback after consuming the Services.
LIABILITY AND INDEMNITY
BodaDash disclaims all representations and warranties not expressly set out in these terms and conditions. BodaDash makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services. BodaDash does not guarantee the quality, suitability, safety or ability of the Independent Riders.
To the extent allowed under the Kenyan Laws, the entire risk arising out of your use of the Services remains with you.
BodaDash shall not be liable to you for any damages, liability, cause of action or losses arising out of your use of the Services, but guarantees that the riders are licensed to operate public service vehicles and have taken Third Party Public Service Vehicle Insurance.
BodaDash is not responsible or liable in relation to the Services, provided to you by Independent Riders, save as expressly provided in these terms and conditions.
These limitations do not limit liability or alter your rights that cannot be excluded under the Sale of Goods Act (Chapter 31, Laws of Kenya) and the Consumer Protection Act (No. 46 of 2012, Laws of Kenya).
You will indemnify and hold BodaDash and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses including legal fees arising out of or in connection with your use of the Services, violation of these terms and conditions and violation of the rights of any third party including the Independent Riders.
LOSS OR DAMAGE TO PROPERTY
You are responsible to ensure the safety of your property. BodaDash shall not be liable for the loss or damage to your property whilst on transit.
GOVERNING LAW AND DISPUTE RESOLUTION
These terms and conditions shall be governed by and construed in accordance with the laws of Kenya.
The parties in dispute shall endeavour to resolve any disputes between them amicably at the first instance and if they are still not satisfied within sixty (60) days of the commencement of such endeavours, shall resort to arbitration by a single arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators, Kenya Chapter. The Arbitration Act will apply to the arbitration. The Arbitration shall be held in Nairobi and the language of the Arbitration shall be English. The arbitral award shall be final and binding upon the parties.
Any communication or notice given under these terms and conditions shall be in writing and may be served:
- By BodaDash via electronic mail to your email address account
Nothing contained in this Agreement shall be construed as establishing or implying any agency, partnership, agency or joint venture between you, BodaDash and any of the Independent Riders.
If any provision of this Agreement is held invalid, illegal or unenforceable such provision shall be severed and the remaining provisions shall continue in full force and effect.
You may not assign or transfer these terms and conditions in whole or in part without BodaDash’s written consent. BodaDash may assign or novate its rights and obligations under these terms and conditions, in whole or in part, or may assign any of its accounts receivable under these terms and conditions.