Our Terms And Conditions
By agreeing to this terms, the user agrees that should any dispute arise between the User and TissBoda with regard to the interpretation, rights, obligation and/ or implementation of any one or more of the provisions of these agreement. The parties shall in the first instance attempt to resolve such dispute by amicable negotiations. Should such negotiation fail to achieve a resolution within fifteen (15) days, either party may declare a dispute by written notification to the other whereupon such dispute shall be referred to arbitration under the following terms; ;
- Such arbitration shall be resolved in accordance with the Provisions of the Kenya Arbitration Act (No. 4 of 1995) as amended by the Arbitration (Amendment) Act (No. 11 of 2009) as amended from time to time.
- The tribunal shall consist of 1 arbitrator to be agreed upon between the parties failing which such arbitrator shall be appointed by the chairman for the time being of the Chartered Institute of Arbitrators of Kenya upon the application of either party.
- The place and seat of arbitration shall be Nairobi and the language or arbitration shall be in English.
- The award of the arbitration tribunal shall be final and binding to the parties to the extent permitted by the law and either party may apply to the court of competent jurisdiction for enforcement of such award.
- Notwithstanding the above provisions of the above clause either party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrator and;
- Each of the parties waives any immunity in respect of their obligations under this agreement that may be acquired from the jurisdiction of any court or any legal or arbitral process for any reason including, but not limited to the service of notice, attachment prior to judgement or attachment in aid of execution.
I. About TissBoda and Proper App Usage
TissBoda has through its software and app provides a platform through which Boda Boda and Tuk-tuk drivers are online and available for booking by riders. TissBoda unlike other transportation apps provides its users with not only an affordable and convenient means of transportation but also benefits its users (both the boda boda driver and rider) with its unique features to benefit its users with the opportunity to;
- Enjoy part of the fees charged as a self-reward through a top up to the rider’s NHIF contributions. What this means is that TissBoda in partnership with the National Health Insurance Fund has enabled its riders to remit part of the riding fees towards the NHIF contribution. The rider will not be charged any additional fee for this service or any additional (booking) fees for the boda boda ride. TissBoda shall reserve a percentage of the riders fees that is due and payable into the riders NHIF account and upon subsequent rides and self rewards the rider shall be able to attain the minimum Kshs. 500/= required for remittance to NHIF for the Super Cover package. Upon attaining the required fee for contribution. TissBoda shall remit the amount to the riders NHIF account. TissBoda app provides transparency to its riders and its feature enables the rider to view its NHIF top up dummy statement after every ride. TissBoda retains the right to subject a charge at any given time upon the company’s discretion. Charges may or may not be imposed on the user at a later stage.
- The rider enjoys the benefit of an array of payment options which includes; cash, wallet or Visa Card.
- TissBoda has through its features enabled riders to share and top up the amount in the riders wallet. What this means is that a rider can send and receive cash in the wallet provided in the app. This will enable the user to conveniently pay for individual transport fees or pay for a third-party user of the TissBoda app.
- • The rider shall enjoy the benefit of e-GiftVoucher once the rider attains the limit of the NHIF contributions. What this means is that TissBoda shall have remitted the rider’s NHIF contribution and any subsequent self-rewards towards NHIF contributions after each ride will create a surplus which TissBoda shall reward as an e-Giftvoucher. The rider shall receive the digital voucher via SMS and shall redeem the e-voucher at any supermarket/ store or any merchant receiving payment via Safaricom lipa na mpesa buygoods till.
- TissBoda in partnership with the County Pension Fund provides its boda boda drivers with the advantage to benefit from the products of CPF. The use of the app by boda boda drivers will benefit the drivers towards a contribution of their pension fund, Life Insurance Cover and Medical cover. TissBoda considers the risks and exposure involved by boda boda riders and has taken steps to ease the lives of drivers. TissBoda shall purpose to update and improve its services through its partnerships for the benefit of drivers.
- USERS TO THE TISSBODA APP AND WEBSITE UNDERSTAND AND AGREE THAT WITH RESPECT TO THE BENEFITS PROVIDED IN THE ABOVE CLAUSES, TISSBODA DOES NOT COLLECT OR ACT AS A RESERVOIR OF FUNDS FROM THE PAYMENTS MADE BY THE USERS OF THE APP. CHARGES INCURRED FROM THE RIDE WILL BE OWED DIRECTLY TO THIRD PARTY PROVIDERS AND TISSBODA WILL COLECT PAYMENT OF THOSE CHARGES FROM THE USER, ON THE THIRD PARTY PROVIDER’S BEHALF AS THEIR LIMITED PAYMENT COLLECTION AGENT, AND PAYMENT OF THE CHARGES SHALL BE CONSIDRED THE SAME AS PAYMENT MADE DIRECTLY BY THE USER TO THE THIRD PARTY PROVIDER.
Any registered user to the TissBoda App shall;
- Provide information about oneself that is true, accurate complete and updated on the registration form and update it whenever necessary.
- comply with all applicable laws from your home nation, the country state and city in which the user is present while using the services in the software of app by TissBoda.
- pay in full to any boda boda drivers introduced to you through TissBoda for any services provided by such driver to you;
- Treat every boda boda drivers introduced through the TissBoda with respect and not cause damage to their boda.
- Compensate TissBoda and defend the company fully against any claims or legal proceedings brought against TissBoda by any person as a result of the users breach to this agreement.
- Every user must wear a helmet, follow traffic rules, use headlight and indicators where necessary, assure readiness of your Motorcycle, do not use electronic gadgets while driving, take appropriate safety measures while driving.
Ranking and rider reviews;
Boda boda drivers to the TissBoda app agrees that the rider may evaluate the services provided after the ride. When doing so the rider shall be obliged to be objective in their evaluation. The rider review may be;
- uploaded onto the relevant driver information page on the TissBoda software for the sole purpose of informing (future) passengers of the rider’s opinion of the service (level) and quality of the driver, and
- (wholly or partly) used and placed by TissBoda at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our software or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by TissBoda. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The passenger review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
II. Prohibited Activities & Uses
Any registered user to the TissBoda App shall;
- Not transfer files that contain viruses, trojans or other harmful programs;
- Not access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;
- Not disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services;
- Refrain from doing anything which TissBoda reasonably believe to be disreputable or capable of damaging the company’s reputation
- Not use TissBoda service or software to cause nuisance, annoyance, or inconvenience.
- That the user’s nickname or email (e.g email@example.com, firstname.lastname@example.org, and email@example.com) used to register on the Software shall not resemble TissBoda’s company name. Nicknames deemed offensive may be deleted, as well as containing a URL or email address.
- Not consume drugs or alcohol while riding or driving.
III. Limitations of Liability & Warranty Disclosure
- TissBoda is not obligated to monitor or control the accuracy of information the user. If any information provided by the user is not in accordance with these provisions, or if TissBoda has reasonable grounds to suspect that such information do not agree, TissBoda has the right to reject the users registration, whether a riser or driver, and immediately suspend or terminate, regardless of notice, the registration of your account and refuse any and every use, present or future, of TissBoda services that require registration. In this case, the user shall not be entitled to any indemnity or compensation for the refusal, suspension or cancellation of registration.
- The App by TissBoda is licensed on “as is” basis therefore TissBoda is under no responsibility to modify the software to suit the needs of the user.
- TissBoda does not guarantee and shall not be held responsible with regard to any damage to hardware that may be caused by the downloading and use of the application by the users.
- • TissBoda may introduce its users to drivers for the purpose of providing transportation. However, TissBoda will not assess the suitability, legality or ability of any drivers to the TissBoda App. The User agrees to waive and release the company from any liability, claims or damages arising from or in any way related to the driver. By accepting the provision of services of the TissBoda App and software the user acknowledges that TissBoda has no involvement in the contractual relationship between the driver and passenger.
- TissBoda has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this agreement. However, TissBoda may from time to time issue upgraded versions of the application, and may automatically electronically upgrade the version of the application that you are using on your mobile phone or on your computer. You consent to such automatic upgrading, and agree that the terms of this agreement will apply to all such upgrades.
- TissBoda has limited control over the nature and content of information and chat transmitted or received by the users of TissBoda. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website;
- TissBoda has a right to disconnect any driver’s account from TissBoda services without any reason.
- Every invoice generated while requesting for a ride with TissBoda is only an estimate and not the actual amount due.
- Any luggage left behind with a rider and any subsequent loss of luggage will not be TissBoda’s responsibility.
- • Every user is responsible for maintaining the confidentiality of your password chosen by the user during registration of TissBoda. TissBoda shall not be responsible for any harm resulting from disclosure of your password from yourself to third parties or use of your password by a third party to access your account. In the event of any unauthorized use of the user’s account, TissBoda shall immediately be notified at firstname.lastname@example.org .
- When contacting a driver and requesting the provision of services, the user must wait for the response of the driver, who may accept or deny the provision of requested services. If the driver accepts the engagement and you want to cancel it for any reason, the user must cancel the call by specific action on the software within the allowed time limits. Users acknowledge that TissBoda is not liable for any delays, cancellations, failure to provide services between the Passenger and Driver, nor for any delay or failure in the provision of requested services.
- Third Party providers including drivers to the TissBoda App are not actual agents, apparent agents, ostensible agents or employees of TissBoda. Therefore TissBoda has no control and shall not be held liable to the actions of the third parties and drivers of the app.
- TissBoda does not guarantee the safety, suitability or ability of the drivers. The user agrees that the entire risk arising out of the use of the TissBoda Services solely remains with the rider to the extent permitted by the law.
- TissBoda makes no representation, warranty or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will uninterrupted or error free.
V. Intellectual Property Protection
- Any and all content, including but not limited to trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present software or related to products and goods displayed on the software are protected by copyright and intellectual property and are owned by TissBoda or third parties authorized by TissBoda to develop activities on the software.
- User agrees to respect the intellectual property rights of TissBoda and others and is aware that intellectual property in this software can never be used in any manner and in any media without our prior written permission of their owners. TissBoda is not liable for damages suffered by a User who has copied, transferred, distributed or otherwise protected content used in this software, violating rights of third parties. The company hereby grants you a non-exclusive, non-transferable, right to use the software and TissBoda service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement. All rights not expressly granted to you are reserved by the company and its licensees.
- The user agrees and understands that except as specifically permitted herein the user shall not
- use, modify, incorporate into or with other software, or create a derivative work of any part of the application; and
- copy, distribute or reproduce the application for the benefit of third parties;
- disclose the results of any benchmarking of the application, or use such results for your own competing software development activities; and/or
- modify, disassemble, decompile, reverse engineer, revise or enhance the software or attempt to discover the software’s source code.
VI. Account Termination
- TissBoda may notify, suspend or terminate temporarily or permanently the account of a user at any time and take appropriate legal action if;
- the User violates any of the representations, warranties and obligations contained in these Terms Use or any policies and rules adjacent to it,
- there is fraudulent practice or fraudulent acts by the User, or
- TissBoda understands, in its sole discretion, that the activities and attitudes of the User have caused or may cause some damage to third parties or TissBoda. The User shall not be entitled to any damages or compensation for the cancellation or suspension of your account on the software.
- TissBoda may in its sole discretion, for any reason or no reason and at any time alter and/or discontinue providing its services, with or without notice. TissBoda shall not be liable for any damage or loss caused by such an alteration/ termination of the TissBoda service. You are under no obligation to use the TissBoda service and may simply choose to stop using it at any time.
- The User shall not assign this agreement without the prior written approval of the company but TissBoda may be assign without the user’s consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.