Driver Terms and Conditions

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

Updated on Jan 23, 2024

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BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this Application, (“Our Application”).  You must read, agree and accept all the Terms set out in this agreement, including the terms and conditions set out below. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then SafeBoda is unwilling to allow you to use the SafeBoda platform. By using any of the services you become a Service Provider on the SafeBoda platform and you agree to be bound by the terms and conditions of this agreement with respect to the provision of such services. If you do not agree to be bound by the terms of this agreement, do not use SafeBoda. We may amend these Terms at any time by posting the amended terms on the SafeBoda application. You may not have access to the SafeBoda application before accepting these terms. These Terms of Use do not apply to the sale of services.

1. Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

1. “Account” - means an account required for a Driver to access and/or use certain areas of Application, as detailed in Clause 4;
2. “Content” - means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
3. “Driver” - means an independent business person operating as a vehicle/ as a two-wheel transportation provider for people or goods. This term shall be used to mean either a “SafeCar Driver” or “SafeBoda Rider” interchangeably as the context may require.
4. “Owner” - means those who make their vehicle(s) available for others to use through our application.
5. “SafeBoda” - means all versions of the SafeBoda applications.
6. “SafeCar Driver” or “SafeBoda Rider” - means a driver/rider who has successfully completed all the necessary steps to register on the SafeBoda application and has subsequently been provided with an Account.
7. “SafeBoda Cashless” - means the balance of earnings due to a Driver as the result of services provided to Users through the SafeBoda applications.
8. “SafeBoda Support Desk” - means the in-person support and the call center available to all current and prospective Drivers in the various locations where SafeBoda is operational.
9. “Service Provider” - means any individual or business, including Drivers, that offers goods or services to Customers/Users on the SafeBoda platform.
10. “User” - means a user or consumer of any SafeBoda Applications and/or a beneficiary to Services extended through our Application
11. “User Content” - means any content submitted to Our Application by Users including, but not limited to include personal information, images, and all data
12. “We/Us/Our” - means all licensees of the SafeBoda applications.

Information About Us - More information about SafeBoda is available at our website - www.safeboda.com, or on request by emailing teamkenya@safeboda.com 

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             2. Our Application

2.1. Any Driver seeking to become a Driver must undergo an onboarding process and succeed in passing all the necessary requirements, including but not limited to; - satisfactory completion of background checks, completion of training, and verification of vehicle.

2.2. Only Drivers are allowed to access our Application.

2.3. We reserve the right to discontinue, stop or preclude anyone from accessing our Application at any time and for any period. Will not be liable to you in any way if such access is made unavailable to you at any time.

2.4. It is the responsibility of the Driver to make any and all arrangements necessary in order to access Our Application. Any Driver who is unable to access the Application should contact us for clarification and guidance.

2.5. Access to Our Application is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Application (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Application (or any part of it) is unavailable at any time and for any period.

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             3. Terms of Use

3.1. Drivers remain fully independent business people. The SafeBoda application is a mechanism for a Driver to connect with Users, to whom they may wish to provide Services.

3.2. Neither the provision of access to the SafeBoda application nor any other action by SafeBoda constitutes an employment agreement or contract for services.

3.3. We have no responsibility whatsoever for the actions or conduct of any service providers or Users. We have no obligation to intervene in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions made regarding providing or accepting transportation rests solely with the User and the Driver.

3.4. We will not be liable for any damages, direct, incidental, and or consequential, arising out of the use of SafeBoda, including, without limitation, damages arising out of communicating and or meeting with other participants of SafeBoda, or introduced to you via SafeBoda. Such damages include and are not limited to, physical damages, bodily injuries, death, and emotional distress and discomfort.

3.5. Drivers shall take reasonable precautions in all actions and interactions with any party they may interact with through the use of the services. SafeBoda has no control over the identity or actions of the users and service providers and SafeBoda requests that users exercise caution and good judgment when using the services. Service providers and users use the services at their own risk.

3.6. Drivers are required to adhere to the SafeBoda Code of Conduct in the relevant country when using the Application. The Recommended Standards of Service will be provided to the SafeBoda driver during the onboarding process and will be updated from time to time. It is the responsibility of the SafeBoda driver to ensure that they are familiar with the latest version of the Recommended Standards of Service.

3.7. The SafeBoda application provides fair and transparent prices for both Drivers and Users. Drivers agree to adhere to the pricing set out by the SafeBoda application. Any SafeBoda wishing to understand the way in which the SafeBoda application calculates prices or who believes there has been an error in pricing should contact the SafeBoda service desk and provide full details.

3.8. SafeBoda may from time to time, offer incentives to Drivers at the company’s discretion and equally reserves the right to make deductions from Driver's earnings in line with these terms of use.

3.10. All programs for Incentives or Sanctions may be communicated to Drivers by Us through SMS, in-app notifications, announcements, and posters at the SafeBoda premises. It is, therefore, the responsibility of the Driver to clearly monitor all communications and ensure that they are aware of any changes in the program of Incentives and Sanctions.

3.11. We reserve the right to charge a commission or other service fee from Drivers for access to or for services provided to users through the SafeBoda platform. Such charges will be communicated to Drivers in advance. It is the responsibility of the Driver to clearly monitor all communications and ensure that they are aware of any changes in the structure of pricing.

3.10. Any questions about these Terms of Use, the practices of SafeBoda, or your dealings with us please contact us at teamkenya@safeboda.com 

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             4. Accounts

4.1. Once a Driver is approved as a Driver he/she will be provided with an account.

4.2. When registering as a Driver and creating an Account, the information the Driver provides must be accurate and complete.  If any of the information changes at a later date, it is the Driver's responsibility to ensure that their Account is kept up-to-date. SafeBoda shall undertake to ensure that the data is kept up-to-date and this may be reviewed regularly to ensure its accuracy.

4.3. It is the responsibility of the Driver to protect their account details and ensure that no one else gains access. Any unauthorized access to a Driver’s account through the driver’s device shall be the responsibility of the Driver and the Driver shall be liable for any resulting financial loss. If a Driver believes their Account is being used without their permission, please contact Us immediately on the SafeBoda Customer Care Line.  SafeBoda will not be liable for any unauthorized use of any Account.

4.4. A Driver must not use any other Driver’s Account on any SafeBoda application.

4.5. Any personal information provided in a Driver's Account will be collected, used, and held in accordance with the rights and obligations under the law.

4.6. SafeBoda reserves the right to suspend or deactivate a Driver’s account at any time.

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5. Cashless Earnings5.1.

The SafeBoda application enables Drivers to monitor their earnings from the SafeBoda application. All balances due from SafeBoda to the Driver will be clearly stated in the SafeBoda application.5.2. We offer Drivers a range of options for how and when they wish to receive the settlement for their earnings. We will endeavour to ensure that all payments are made as and when agreed between the Driver and Us although these may be subject to delays that are outside Our control. Any Driver who believes that they have not received the correct payment should contact the SafeBoda Support Desk immediately. We reserve the right to make any corrections to future earnings in the event of an overpayment by SafeBoda.  We reserve the right to charge Drivers a withdrawal fee for the internal and external costs of making payments to Drivers.5.3. In some jurisdictions, Drivers may be offered the opportunity to use their earnings to make purchases from Us or third-party Service Providers. In such cases it is the responsibility of the Driver to check all transactions before approving and where necessary to contact the SafeBoda Support Desk.

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7. Platform fees

7.1. SafeBoda may from time to time change you a fee for using its platform to provide services. These will be clearly communicated to you at the time of onboarding as well as any other time during your use of the platform.7.2. All fees above, may from time to time be subject to change, and where so, management shall make effective communication to the drivers.

Revenue and fare Breakdown
Base Ksh.10

Minimum fare Ksh.100

Price/km Ksh.18

Price/min Ksh. 3

Commission 15%

Additional premiums may apply for specific distances and hours of the day depending on demand, driver availability and external factors such as inclement weather and road construction

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9. Intellectual Property Rights

9.1. With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us.  All Content (including User Content) is protected by applicable Ugandan, Kenyan, Nigerian, and international intellectual property laws and treaties.

9.2. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.

9.3. A User may:

1. Access, view, and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
2. Download Our Application (or any part of it) for caching;
3. Print one copy of any page(s) from Our Application;
4. Download extracts from the pages on Our Application; and
5. Save pages from Our Application for later and/or offline viewing.

9.4. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.

9.5. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.  

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10. User Content

10.1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments, etc.

10.2. An Account is required if a User wishes to submit User Content.  Please refer to Clause 5 for more information.

10.3. A User agrees to be solely responsible for their User Content.  Specifically, they agree, represent, and warrant that they have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 15.

10.4. A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by us under sub-Clause 6.2.

10.5. A User will be responsible for any loss or damage suffered by us as a result of such a breach.

10.6. A User (or your licensors, as appropriate) shall retain ownership of their User Content and all intellectual property rights subsisting therein.  When a User submits User Content they grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license the User Content for the purposes of operating and promoting Our Application. In addition, the User also grants Other Users the right to copy and quote their User Content within Our Application.

10.7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

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11. Links to Our Application

11.1. A Driver may use or create a link to our Application provided that:

1. It is done in a fair and legal manner;
2. It is not done in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
3. A Driver does not use any logos or trademarks displayed on Our Application without Our express written permission; and
4. A Driver does not use our Application in a manner that causes damage to Our reputation or takes unfair advantage of it.
5. Framing or embedding of Our Application on other websites is not permitted without Our express written permission.  Please contact Us at team@safeboda.com for further information.

11.2. A Driver shall not link to Our Application from any other site the main content of which contains material that:

1. is sexually explicit; obscene, deliberately offensive, hateful, or otherwise inflammatory;
2. promotes violence;
3. promotes or assists in any form of unlawful activity;
4. discriminates against, or is in any way defamatory of, any person, group, or class of persons, race, sex, religion, nationality, color, political opinion, disability, sexual orientation, or age;
5. Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
6. Is calculated or is otherwise likely to deceive another person;
7. Is intended or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions;
9. implies any form of affiliation with Us where none exists;
10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, and database rights) of any other party; or
11. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.3. The content restrictions in sub-Clause 10.6 do not apply to content submitted to sites by other users or drivers provided that the primary purpose of the site accords with the provisions of sub-Clause 10.6. A User, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  A Driver, however, is prohibited from posting links on websites that focus on or encourage the submission of such content from users.

12. Links to Other SitesLinks to other sites may be included in our Application. Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Application is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

13. Disclaimers

13.1. Nothing on Our website constitutes advice on which a Driver shall rely.  It is provided for general information purposes only.

13.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, not infringe on the rights of third parties, be compatible with all software and hardware, or that it be secure.

13.3. We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.  Please note that this exception does not apply to information concerning services for sale through Our Site.

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14. Our Liability

14.1. To the fullest extent permissible by law, We accept no liability to any Driver for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Application or the use of or reliance upon any Content (including User Content) included on Our Application.

14.2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included in Our Application.

14.3. Our Application is intended for non-commercial use only.  If you are a business user, we accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

14.4. Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware.  However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Application (including the downloading of any Content from it) or any other site referred to on Our Application.

14.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

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15. Acceptable Usage Policy

15.1. A Driver may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 14.

15.2. A Driver must ensure that he or she complies fully with any and all local, national or international laws and/or regulations;

15.3. A Driver shall Not use Our Application in any way, or for any purpose, that is unlawful or fraudulent; or for any purpose, that is intended to harm any person or persons in any way.

15.4. We reserve the right to suspend or terminate access to Our Application if a user is in material breach of the provisions of this Clause 14 or any of the other provisions of these Terms of Use.  Specifically, we may take one or more of the following actions:

1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
2. remove any Driver Content submitted by a Driver that violates this Acceptable Usage Policy;
3. issue you with a written warning;
4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
5. take further legal action against you as appropriate;
6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
7. any other actions which We deem reasonably appropriate (and lawful).

15.5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

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16. Changes to these Terms of Use

We may alter these Terms of Use at any time.  If We do so, details of the changes will be highlighted at the top of this page and a prompt may pop up at the time of your next usage of our application after such changes have been made.  Any such changes will become binding on the user upon first use of Our Application after the changes have been implemented. A User is therefore advised to check this page from time to time to acquaint themselves with any new changes that may have been affected.

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17. Contacting Us

To contact Us, please email Us at team@safeboda.com or Phone: 020 050 2050 or use any of the methods provided on Our contact page at www.safeboda.com.

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18. Communications from Us

18.1. By signing up for an Account a Driver agrees to receive communications from SafeBoda or any SafeBoda partner. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

18.2. For questions or complaints about communications from Us, please contact Us at team@safeboda.com or via our Toll-Free line at 020 050 2050.

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19. Law and Jurisdiction

19.1. These Terms and Conditions and the relationship between the User and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Kenya in which the Application is licensed and the goods or services available in the Application are provided.

19.2. If a User is a consumer, any dispute, controversy, proceedings, or claim between him or her and Us relating to these Terms and Conditions, or the relationship between him or her and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licensed and in which the goods or services available in the Application are provided.

19.3. If a User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licensed and in which the goods or services available in the Application are provided.

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