BACKGROUND
These Terms of Use, together with all other documents referred to herein, set out the terms of use under which you may use Our Application.  You must read, agree, and accept these Terms of Use set out in this agreement which includes the terms and conditions set out below. You will be required to carefully read, understand, and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then PinkBoda is unwilling to allow you to use the PinkBoda platform.

By using any of the PinkBoda services, you become a User of the PinkBoda 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, you must stop using Our Application immediately. We may amend this agreement without notice at any time by posting the amended terms on the PinkBoda application. You may not have access to the PinkBoda application before accepting these terms.
‍
Definitions and Interpretation

1.1 In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account”  means an account required for a User to access and/or use certain areas of Our Application, as detailed in Clause 5;

“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 PinkBoda Applications, including but not limited to courier services, transportation, delivery, and food or beverage services.
“PinkBoda” means all versions of the PinkBoda Android and IOS applications.
“PinkBoda Cashless” an in-app function that enables users to pre-pay for PinkBoda services in some jurisdictions.
“User” means a user or consumer of any PinkBoda 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 personal information, images, and all data

“We/Us/Our” means all licensees of the PinkBoda applications.
Information About Us
More information about PinkBoda is available on our website –
www.PinkBoda.com,​ or​ on request by emailing support@PinkBoda​.com
‍
Access to Our Application
3.1.    Downloading and accessing our application is free of charge.

3.2.    It is your responsibility to make 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.
‍
Terms of Use
4.1.   PinkBoda is a platform where you may conveniently access suppliers of transportation, courier services/delivery services, and any other products or services displayed in the application.

4.2.   As an intermediary/ marketplace, we do not offer the services in 4.1 but rather we offer you a ‘one stop shop’ platform collated by us where you can hail rides, courier parcels, and other supplies/services using safe, trained, trusted reasonably priced drivers.

4.3.   As an intermediary, we emphasize to our community of drivers the ethos of customer safety and professionalism. For your safety, each ride is identifiable and trackable through our system and, drivers, all receive extensive training in road safety, first aid, bike & car maintenance customer care and consumer protection.

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

4.6.    We do not have any responsibility, including to take further actions or legal actions deemed necessary by a User or service provider or Third Party, for any problem or dispute that arises between You and a Service Provider or Third Party. We may, however, facilitate any problems or disputes that arise between You and the Service Provider or Third Party with reasonably necessary actions. When we facilitate a resolution of problem or dispute between You and a Service Provider or Third Party, we do not act as a mediator and such an action does not cause any further responsibility to Us.

4.7.    Users and Service Providers shall take reasonable precautions in all actions and interactions with any party they may interact with using the services on the APP. We have no control over the identity or actions of the Users and service providers; PinkBoda 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.  Should you have any questions about this agreement, the practices of Services Providers, or require further details about a particular Service Provider, please contact us at support@PinkBoda.com
‍
Accounts
5.1.   Certain parts of Our Application (including the ability to purchase services from Us) may require an Account 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 you create an account, you are responsible for providing information that is true, accurate and complete. We shall rely on any information provided by you as the true account of such information.  If any of your information changes later, it is your responsibility to update your account and keep it up to date.

5.4.  If you believe that your account has been hacked or is being used without your permission, it is your responsibility to contact us immediately you suspect or discover an intrusion. We will not be liable for any unauthorized use of any Account.

5.5.  Since each account contains personal identifiers and information, please do not use another User’s account without the express consent of the User to whom the account belongs.

5.6.  Any personal information provided in a User’s Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in our Privacy Policy.

5.7.  We are an e-transportation platform and by necessity collect and process data which may include personal data. Any data we collect is used to deliver services to you, help improve our services and to inform you of any offers/deals from us and/or our partners. By using our App, you give your consent for us to collect, use and process your personal data either within or out of your geographical location. We have provided details on what data we collect and with whom we share it with in our Privacy Policy.

5.8.  You may elect to withdraw the consent in 5.7 or to manage what data is collected, used and/or processed by contacting us using the channels provided in clause 16. Withdrawing your consent to collect may affect the quality of your user experience.

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.
‍
‍
Cashless Payments
6.1.   In some jurisdictions, the PinkBoda Application may present users with various options to pay for PinkBoda services using mobile money transfers, bank transfers, or cash payments to drivers. This option is designed to improve the convenience and security of the User.

6.3.    In some jurisdictions the PinkBoda Application may present Users with the option to use their PinkBoda balance to purchase services from other Service Providers or to transfer their PinkBoda balance to another User.

6.4.    The User is obligated to manage their account details (including PIN) 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, PinkBoda shall not be liable for any damages or losses caused thereby.

6.5.    PinkBoda reserves the right to suspend cashless services or payment at any point. PinkBoda 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.

6.6.    The User is obligated to notify PinkBoda Customer Care without delay of any suspicious activity on his/her account that may lead to damage or loss.

6.7.    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.

6.8.    The User will find available on the App a link to the website or contact email address of PinkBoda, alongside a brief description of how the App works in a manner sufficient to inform the PinkBoda User of the App and how they can use it.

6.9.   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.

6.10.   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.

6.11.   The User will have access to security procedures and PinkBoda’s privacy policy in respect of payments and payment information, and any other related policies which can be found on Our website.

6.12.   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 or other service.
‍

         7.    Intellectual Property Rights

7.1.  Except for 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 labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable Kenyan 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.
‍
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 13.

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 under sub-Clause 7.2.

8.5.  A User will be responsible for any loss or damage suffered by us because 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).
‍
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 support@PinkBoda.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;

9.1.2.1.  is sexually explicit;

9.1.2.2.  is obscene, deliberately offensive, hateful, or otherwise inflammatory;

9.1.2.3.  promotes violence;

9.1.2.4.  promotes or assists in any form of unlawful activity;

9.1.2.5.  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;

9.1.2.6.  is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

9.1.2.7.  is calculated or is otherwise likely to deceive another person;

9.1.2.8.  is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

9.1.2.9.  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 if they do not fall within any of the other provisions of this Clause);

9.1.2.10.  implies any form of affiliation with Us where none exists;

9.1.2.11.  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

9.1.2.12.  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 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.
‍
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.
‍
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.
‍
Limitation of our Responsibility
12.1.  PinkBoda accepts 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.  Subject to the applicable insurance policies, terms and conditions, the insurance cover may be available in the certain circumstances as may be clearly communicated on the Platform.
12.3 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.12.4.  PinkBoda excludes all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included on Our Application.12.5.  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.12.6.  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.
‍
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 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.

13.1.2.  We reserve the right to terminate access to Our Application if a User is in material breach of the provisions of this Clause 13 or any of the other provisions of these Terms of Use.  Specifically, we may take one or more of the following actions:

13.1.2.1.  whether temporarily or permanently, your Account and/or your right to access Our Site;

13.1.2.2.  remove any User Content submitted by a User that violates our Acceptable Usage Policy;

13.1.2.3.  issue you with a written warning;

13.1.2.4.  take legal proceedings against you for reimbursement of all relevant costs on an indemnity basis resulting from your breach;

13.1.2.5.  take further legal action against you as appropriate;

13.1.2.6.  disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

13.1.2.7.  any other actions which We deem reasonably appropriate (and lawful).

13.1.2.8.  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.

Privacy and Cookies
14.1 Use of Our Application is also governed by Our Cookie and Privacy Policy. These policies are incorporated into these Terms of Use by this reference.

Changes to these Terms of Use
15.1 We may alter these Terms of Use at any time and without notice to you.  Any such changes will become binding on you upon your first use of Our Application after the changes have been implemented.  You are therefore advised to check this page from time to time.

15.2.  In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

Contacting Us
16.1 To contact Us, please email Us at support@PinkBoda.com or using any of the methods provided on Our contact page at www.PinkBoda.com.
‍
Communications from Us
17.1.  If We have a user’s contact details (if, for example, a User has an Account), We may from time to time send you important notices by email or pop up during the use of Our Application.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, regulatory awareness/changes, and changes to your Account.

17.2.  For questions or complaints about communications from Us, please contact us at support@PinkBoda.com or via our Customer Call Line.
‍
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 Kenya.

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 Kenya.

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 Kenya.