1. Definitions and Interpretation
“Account” means an account required for a User to access and/or use certain areas of Our Application, as detailed in Clause 4;
“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;
“Service Provider” means any persons or corporation providing any services through the Easy Matatu Applications, including but not limited to transportation, delivery, and food or beverage services.
“Easy Matatu” means all versions of the Easy Matatu applications.
“Easy Matatu Wallet” an in-app function that enables users to pre-pay for Easy Matatu services in some jurisdictions.
“User” means a user or consumer of any Easy Matatu Applications and/or a beneficiary to Services extended through Our Application.
“User Content” means any content submitted to Our Application by Users including, but not limited to include personal information, images, and all data
“We/Us/Our” means all licensees of the Easy Matatu applications.
2. Information About Us
3. Access to Our Application
3.1. Downloading and accessing our Application is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Application.
3.3. 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.
3.4. We reserve the right to discontinue, stop, or preclude you from accessing Our Application at any time and for any period. We will not be liable to you in any way if such access is made unavailable to you at any time.
4.1. We do not provide supply of goods, food, or transportation services, and we are not a transportation carrier or food vendor. We are an agent in a principal-agent relationship with the service providers.
4.2. Our Application allows Users to identify suppliers of transportation, delivery services, food, and any other products or services displayed in the Application.
4.3. It is up to the driver or supplier to decide whether to offer a ride or provide any service to a User contacted through the Easy Matatu Application, and it is up to the User to decide whether or not to accept any goods or services from any goods or service provider contacted through the Easy Matatu Application.
4.4. Any decision by a user to accept any goods or services once such User is matched through the Easy Matatu Application is a decision made at such User’s sole discretion. Easy Matatu offers information and a method to connect Easy Matatu and Users with each other, but does not provide or intend to provide any services or act in a manner as a food supplier or transportation carrier, and bears no responsibility or liability for any services provided to any User by any service provider using the Easy Matatu application.
4.5. We will not be liable for any damages, direct, incidental, and or consequential, arising out of the use of Easy Matatu, including, without limitation, damages arising out of communicating and or meeting with other participants of Easy Matatu, or introduced to you via Easy Matatu. Such damages include and are not limited to, physical damages, bodily injuries, death, and emotional distress and discomfort.
4.6 Easy Matatu can’t accept liability for acts that would be outside of our control as an entity and that might exceed our capital reserves should there be a case. Liability for any action in as far as the provision of the transportation from one point to another should be held against the driver.
4.7. Such Users and Service Providers shall take reasonable precautions in all actions and interactions with any party they may interact with through the use of the services. We have no control over the identity or actions of the Users and Service Providers; Easy Matatu requests that Users exercise caution and good judgment when using the services. Service providers and Users use the services at their own risk.
4.8. Any questions about the agreement, the practices of Services Providers, or your dealings with Service Providers please contact us at firstname.lastname@example.org.
4.9 By using the Easy Matatu App, the User consents to Easy Matatu collecting, using, and processing of my data for analytical and marketing purposes and acknowledges that the data may be transferred out any data processing.
5.1. Certain parts of Our Application (including the ability to purchase services from Us) may require an Account in order to access them.
5.2. A User may not create an account if they are under Eighteen (18) years of age. If a User is under Eighteen (18) years of age and wishes to use the parts of Our Application that require an Account, a parent or guardian should create the Account for him or her in their names and the User must only use the Account with their supervision.
5.3. When creating an Account, the information a User provides must be true, accurate, and complete. We shall rely on any information provided by a User as the true account of such information. If any of the information changes at a later date, it is the User’s responsibility to ensure that the Account is kept up-to-date. The User can update their information by using Our Application.
5.4. If a User believes their Account is being used without their permission, please Contact Us immediately on the Easy Matatu Customer Care Number. We will not be liable for any unauthorized use of any Account.
5.5. A User must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
5.9. A User who wishes to close an account may do so at any time. Closing an Account will result in the removal of a User’s information on the Application as far as can be ascertained. Closing an Account will also remove access to any areas of Our Application requiring an Account for access. The uninstallation of Our Application does not necessarily mean the closure of an account.
5.10. When an account is closed, any reviews or comments created on Our Site will be anonymized by removing the username.
6. Cashless Payments
6.1. In some jurisdictions, the Easy Matatu Application may present users with the option to pre-pay for Easy Matatu services using mobile money transfers, bank transfers, or cash payments to drivers or merchants. This option is designed to improve the convenience and security of the User.
6.2. Pre-paid Easy Matatu balances do not constitute e-money or financial deposits.
6.4. In some jurisdictions the Easy Matatu Application may present Users with the option to use their Easy Matatu balance to purchase goods or services from other Service Providers or to transfer their Easy Matatu balance to another User.
6.5. The User is obligated to manage their account details in a secure and confidential manner and is responsible for ensuring that they do not disclose such information or make it available to third parties. If such information is used by unauthorized persons, Easy Matatu shall not be liable for any damages or losses caused thereby.
6.6. Easy Matatu reserves the right to suspend cashless services or payment at any point. Easy Matatu shall at any time suspend the cashless services without notice to the User where there is any indication of fraudulent or suspicious activity on the user account.
6.7. The User is obligated to notify Easy Matatu Customer Care without delay of any suspicious activity on his/her account that may lead to damage or loss.
6.8. The User shall provide the full name, the legal status of the person; the physical address, and the telephone number of the person; for purposes of using the Cashless service.
6.9. The User will find available on the App a link to the website or contact email address of Easy Matatu, alongside a brief description of how the App works in a manner sufficient to inform the Easy Matatu User of the App and how they can use it.
6.10. The User will also have access to information as regards the estimated price of the ride and any other costs to be incurred for the ride.
6.11. The User will also have access to the history of their trips on the App and the App will keep a record of the transactions requested for on the App.
6.13. You will be given all the relevant information to assist you to review your trip, make corrections before you order, and a chance to cancel before placing an order for a ride.
7. Intellectual Property Rights
7.1. With the exception of User Content (see Clause 8), all Content included in our Application and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled 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.
7.2. 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.
7.3. A User may:
7.3.1. Access, view, and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
7.3.2. Download Our Application (or any part of it) for caching;
7.3.3. Print one copy of any page(s) from Our Application;
7.3.4. Download extracts from the pages on Our Application; and
7.3.5. Save pages from Our Application for later and/or offline viewing.
7.3.6. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.
7.3.7. 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.
8. User Content
8.1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments, etc.
8.2. An Account is required if a user wishes to submit User Content. Please refer to Clause 3 for more information.
8.3. 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 12.
8.4. 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 7.2.
8.5. A User will be responsible for any loss or damage suffered by us as a result of such breach.
8.6. 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.
8.7. 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.
8.8. If you wish to remove User Content from Our Application, the User Content in question will be deleted or anonymized. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
9. Links to Our Application
9.1. You may link to Our Application provided that;
9.1.1. You do so in a fair and legal manner;
9.1.2. You do not do so in a manner that suggests any form of association, endorsement, or approval on Our part where none exists;
9.1.3. You do not use any logos or trademarks displayed on Our Application without Our express written permission; and
9.1.4. You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
9.1.5. Framing or embedding of Our Application on other websites is not permitted without Our express written permission. Please contact Us at email@example.com for further information.
9.1.2. You may not link to Our Application from any other Application the main content of which contains material that;
188.8.131.52. is sexually explicit;
184.108.40.206. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
220.127.116.11. promotes violence;
18.104.22.168. promotes or assists in any form of unlawful activity;
22.214.171.124. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
126.96.36.199. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
188.8.131.52. is calculated or is otherwise likely to deceive another person;
184.108.40.206. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
220.127.116.11. 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 of this sub-Clause 7.4);
18.104.22.168. implies any form of affiliation with Us where none exists;
22.214.171.124. 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
126.96.36.199. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3. The content restrictions in sub-Clause 8.7 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 8.7. A User, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content.
10. Links to Other Applications
Links to other Applications may be included in our Application. Unless expressly stated, these Applications are not under our control. We neither assume nor accept responsibility or liability for the content of third-party Applications. The inclusion of a link to another Application on our Application is for information only and does not imply any endorsement of the Applications themselves or of those in control of them.
11. Liability and Disclaimers
11.1.1. Nothing on Our Application constitutes advice on which you should rely. It is provided for information purposes only.
11.1.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
11.1.3. 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.
12. Our Liability
112.1. To the fullest extent permissible by law, We accept no liability to any User 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.
12.2. If you are a Business User, we hereby exclude all implied conditions, warranties, representations, or other terms that may apply to Our Application or Content. We will not be liable for any 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.
12.3. 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 on Our Application.
12.4. 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.
12.5. 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.
13. Acceptable Usage Policy
13.1. You may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically;
13.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
13.1.2. you must not use Our Application in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3. you must not use Our Application to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4. you must not use Our Application in any way, or for any purpose, that is intended to harm any person or persons in any way.
188.8.131.52. whether temporarily or permanently, your Account and/or your right to access Our Site;
184.108.40.206. remove any User Content submitted by a User that violates our Acceptable Usage Policy;
220.127.116.11. issue you with a written warning;
18.104.22.168. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
22.214.171.124. take further legal action against you as appropriate;
126.96.36.199. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
188.8.131.52. any other actions which We deem reasonably appropriate (and lawful).
14. Privacy and Cookies
16. Contacting Us
17. Communications from Us
17.2. For questions or complaints about communications from Us, please contact us at firstname.lastname@example.org or via our Customer Call Line.
18. Law and Jurisdiction
18.1. 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 the country in which the Application is licensed and the goods or services available in the Application are provided.
18.2. 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.
18.3. 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.