Mobi Terms And Conditions For Drivers
General Terms for Drivers
These General Terms outline the most important terms and conditions applicable to and controlling the use of Mobishare Solutions Ltd's "Mobi" Services. In order to provide Transportation Services via the Mobi Platform, you must agree to the following terms and conditions.
Mobi (sometimes referred to as "we", "our", and "us") is Mobishare Solutions Ltd., a private limited company founded and registered under the laws of The Republic of Kenya, with a registered office at 01 Kamiti Road, Ruiru, Kiambu County, Goodwill Estate Ground Floor, Republic of Kenya.
1.2. Services of Mobishare Solutions Ltd.Mobi App is a smartphone application that Drivers and Passengers can use to request and receive Transportation Services.
1.4. Mobi Platform - a system that connects Passengers and Drivers to provide more effective urban mobility.
1.5. Passenger - An individual who requests Transportation Services via the Mobi Platform.Driver (sometimes referred to as "you") is the individual who provides Transportation Services through the Mobi Platform. Each Driver will receive their own Mobi Driver Account in order to utilize the Mobi App and Platform.
1.7.1. these General Terms; 1.7.2. special terms presented in Mobi App, e.g. addressing price information or service descriptions;
1.7.3. the Drivers instructions; and 1.7.4. other terms mentioned to in this Agreement, as they may be updated from time to time.
1.8. Fare - The fee a Passenger is required to pay the Driver for Transportation Services.
1.9. Mobi Fee - The fee that the Driver must pay to Mobi for using the Mobi Platform.In-app Payment - Cards, carrier billing, and other payment methods utilized by the Passenger to pay for Transportation Services via the Mobi App.
1.11 Mobi Driver Account - Access to a website containing information and documents pertaining to the use of Mobi Services during the supply of Transportation Services, including accounting documentation. Drivers can access their Mobi Driver Account by entering their username and password within the app.
A gratuity offered by the Passenger in addition to the paid Fare at their sole discretion.1.13 Transportation Services - Transport service provided by a Driver to a Passenger whose request was accepted via the Mobi App.
2. PARTICIPATION IN THE AGREEMENT
Before using the Mobi Services, you must register by giving the needed information in the signup application on the website and attaching any applicable documentation. You may register as either a legal entity or a natural person. Upon successful completion of the registration form, we will grant you access to a personal account via a username and password. By clicking the "Register" button at the bottom of the registration form, you indicate and warrant that:
2.1.1. pursuant to valid legal acts, you are authorized to enter into an agreement with us to use the Mobi Platform for providing the Transportation Service;
2.1.2. you have carefully reviewed, fully understand, and agree to be bound by these General Terms, including all obligations that arise as provided herein and in the Agreement;
2.1.3. you will not use the Mobi Platform for any purpose other than providing the Transportation Service.
2.1.3. all the information you have provided is accurate, complete, and accurate;
2.1.4. you shall always keep your Mobi Driver Account and profile information accurate and up-to-date;
2.1.5 You will not let others to use your Mobi Driver Account, nor will you transfer or assign it to a third party;
2.1.6. you will not use the Mobi Services for unauthorized or illegal purposes or interfere with their proper operation;
2.1.7. you comply at all times with all laws and regulations applicable to the state/country in which you are providing Transportation Services, including (but not limited to) legislation governing passenger transportation services;You are required to give your bank information during the payment details section of the registration form.
If you are a firm, you must enter the company's bank account information. We are transferring the In-app Payment fees to the supplied bank account. If you give false bank information, we are not responsible for any incorrect financial transactions.After submitting the registration form, you will receive an e-mail containing additional requirements for using Mobi Services.
These conditions may include the provision of a criminal record, a valid driver's license, a vehicle in sufficient technical condition, the completion of a training course, the possession of a GPS-enabled mobile device, and any other restrictions outlined in the relevant e-mail. Failure to comply with the above requirements and conditions may result in the termination of the Agreement and the right to utilize the Mobi Services.You agree that in certain cities or countries, Mobishare Solutions Ltd. may delegate any duties deriving from the General Terms or Agreement to group companies and partners of Mobishare Solutions Ltd.
This includes, but is not limited to, the assignment of rights and responsibilities pertaining to examining documents linked to signup applications, trainings, collection of Mobi Payments, forwarding you the fees due, mediating In-app Payment, licensing the Mobi App, and other matters.Registration of the account as a legal entity (i.e. a company).
If the recipient of the fees is identified as a legal entity in payment information, you are regarded a legal entity (as accessible in the Mobi Driver Account). In such a circumstance, the identified legal entity is regarded as the supplier of Transportation Services and a party to these General Terms, the Agreement, and any other agreements. Only the exact natural person mentioned during the signup procedure is permitted to deliver Transportation Services in practice. This natural person may only use the Driver's account if he or she has read and agreed to be bound by these General Terms and any additional paperwork included in the Agreement.
THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON ACTUALLY PROVIDING TRANSPORTATION SERVICES UNDER MOBI ACCOUNT SHALL REMAIN COLLECTIVELY AND SEVERALLY LIABLE FOR ANY VIOLATION OF THE GENERAL TERMS AND AGREEMENT COMMITTED BY THE DRIVER.
2.7 Registering a fleet company for a Mobi Driver Account. A fleet firm may register accounts for its employees and/or service providers following the conclusion of a separate agreement. In such a circumstance, the fleet company is obligated to guarantee that its employees and/or service providers comply with the terms of the General Terms, the Agreement, and any other agreements, and to act in accordance with and be bound by its conditions and obligations. The fleet company and its employees and/or service providers will continue to be equally and severally responsible for any violations committed by such employees and/or service providers.
3. RIGHT TO USE Mobi APP AND Mobi DRIVER ACCOUNT
3.1. Permission to utilize the Mobi App and Mobi Driver Account. We thus give you a license to use the Mobi App and the Mobi Driver Account, conditioned on your compliance with the Agreement. The license does not permit sublicensing or the transfer of any rights to third parties. Regardless of the foregoing, and if individually agreed upon, fleet firms may sublicense the Mobi App and the Mobi Driver Account to its fleet members.
3.2. You may not do the following when using the Mobi App or Mobi Driver Account:
3.2.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Mobi App, the Mobi Driver Account, or other software of Mobi;
3.2.2. modify the Mobi App or the Mobi Driver Account in any way or form, or to use modified versions of the Mobi App or the Mobi Driver Account;
3.2.3. transmit files that contain viruses, corrupted files, or any other programs that may damage or impair the operation of the Mobi Platform; 3.2.4. attempt to gain
3.3 The License granted herein terminates immediately and automatically upon termination of this Agreement. You must immediately cease using the Mobi App and the Mobi Driver Account upon termination of the Agreement, and we reserve the right to block and delete Driver accounts without prior notice.
3.4 Utilizing Mobi tags and labels In addition, we may provide you with tags, labels, stickers, or other indications of the Mobi brand or of your use of the Mobi Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use these marks for the sole purpose of identifying that you offer Transportation Services via the Mobi Platform. After the Agreement's termination, you must immediately remove and dispose of all signs referencing the Mobi brand.
3.5 Mobi owns all copyrights and trademarks, including source code, databases, logos, and graphic designs, which are protected by copyright, trademark, and trade secret laws and international treaty restrictions. By utilizing the Mobi Platform or any other Mobi Services, you do not obtain any intellectual property ownership rights.
4. PROVIDING THE TRANSPORTATION SERVICES
4.1. The Driver's Responsibilities You hereby warrant that you will provide Transportation Services in compliance with the General Terms, the Agreement, and all relevant laws and regulations in the state in which you provide Transportation Services. Please be aware that you are solely responsible for any violations of local laws and regulations that may occur as a result of providing Transportation Services.
You must possess any licenses (including a valid driver's license), permits, automobile insurance, liability insurance (if applicable), registrations, certifications, and other documentation necessary by the applicable jurisdiction for the provision of Transportation Services. You are responsible for maintaining the authenticity of the aforementioned documentation.
Mobi maintains the right to request proof of all required licenses, licences, approvals, authorities, registrations, and certificates.You must deliver the Transportation Services in a professional manner consistent with the business ethics relevant to the provision of such services, and you must make every effort to fulfill the Passenger's request in their best interest.
You I must take the least expensive route for the Passenger, unless the Passenger expressly requests otherwise;
(ii) may not make any unauthorised stops;
(iii) may not have any other passengers in the vehicle other than the Passenger and the passengers accompanying the Passenger; and
(iv) must adhere to any applicable traffic acts and regulations, i.e. you may not engage in any actions that may interfere with driving or the perception of traffic conditions, such as holding aYou have the exclusive right to select when the Transportation Services are rendered. You are free to accept, deny, or disregard requests for Transportation Services made by Passengers.
4.5. Costs incurred during the provision of Transportation Services.
You must furnish and maintain at your own expense any equipment and methods necessary to conduct the Transportation Services, such as a car, smartphone, etc. You are also responsible for paying all expenses incurred during the performance of the Transportation Services, including, but not limited to, fuel, mobile data plan prices, duty fees, depreciation of the vehicle, insurance, applicable corporate or payroll taxes, etc. Please be aware that using the Mobi App may consume a substantial amount of data from your mobile data plan. Therefore, we recommend that you sign up for a data plan with unlimited or extremely high data use capacity.
You may charge a fare for each occurrence in which you accepted a Passenger on the Mobi Platform and provided the desired Transportation Service (i.e. Fare). The Fare is decided by a default base fare, the distance of the specific journey as detected by the GPS-enabled device, and the duration of the specific transit. Depending on local market conditions, the default base fare may alter. In markets that support In-app payment, you can negotiate the Fare by sending us a relevant request that has been digitally or manually signed. In addition, you are always permitted to charge the Passenger less than the Fare displayed on the Mobi App. However, charging the Passenger less than indicated by the Mobi App has no effect on the Mobi Fee.
4.7 Upfront Cost A Passenger may be offered a trip option that allows them to agree to a fixed Fare for a certain Transportation Service provided by you (i.e Upfront Fare). The Mobi App communicates the Upfront Fare to the Passenger before the ride is requested, and to the Driver when the ride is accepted or at the conclusion of the ride. The Fare calculated in accordance with section
4.6 shall be applied in lieu of the Upfront Fare if the Passenger changes the destination during the ride, if the ride takes materially longer than estimated due to traffic or other factors, or if other unforeseen circumstances materially impact the ride characteristics (e.g a route is used where tolls apply).
If you discover an error in the calculation of the Fare and desire to make repairs, you must submit a petition to firstname.lastname@example.org in markets that support In-app payment. In the absence of a petition, Mobi will not recalculate the Fare or pay you for an error in the calculation of the Fare. This option is inapplicable not markets where only cash payments are accepted.Mobi may alter the Fare for a completed order if we discover a violation (such as taking a longer route or not stopping the Mobi App's fare meter after the Transportation Services have been completed) or if a technical problem impacting the final fare is identified. Mobi may also modify or cancel the fare if we have reasonable grounds to suspect fraud or if a Passenger's complaint suggests a violation on your part. Mobi will only exercise its power to lower or cancel fares when doing so is reasonable and justifiable.Passenger may have the option to pay the fare for Transportation Services directly to you or via In-app Payment in markets where this option is available, as indicated in section 6 of these General Terms. If the Passenger pays the Fare directly, you are responsible for collecting the Fare. In the event that the Passenger fails or refuses to pay, Mobi will send a notice of debt on your behalf. Such authorization arises from the mandate of the payment agent given to Mobi and does not obligate Mobi to refund the Passenger for the unpaid Fare. If the passengers in the vehicle do not agree to pay the Fare for the Transportation Service, the Fare will be paid by the Passenger who requested the Transportation Service. If the Passenger rightfully refuses to pay the Fare because the information you provided in the Mobi app was erroneous, Mobi will not reimburse you for such charges.
4.11 Tips. In some areas, Passengers may have the option to tip you following a successful Transportation Service. The Passenger may only tip you using methods authorized by Mobi. The Gratuity has no effect on the amount of Mobi Fees, nor does Mobi receive a commission on the Gratuity paid by the Passenger. You must comply fully with all tax responsibilities arising from the Tipping. We reserve the right to set a maximum value for Tips at our sole discretion.
4.12. Receipts. After each successful provision of Transportation Services, Mobi shall create and send a receipt to the Passenger containing some or all of the following information: the company's business name, location, the first name and surname of the Driver, a photo of the Driver, service license number (if applicable), the date-, the time-, the start and end locations-, the duration and length-, the Fare and the Fare and Tip p. The receipt for each Transportation Service is accessible through your Mobi Driver Account.Cancellation fees and wait time fees total
4.13. A Passenger may cancel an accepted request for Transportation Services made using the Mobi app. In certain markets, the Driver may be entitled to the Fare for cancelled Transportation Services (Cancellation Fee) if a Passenger cancels an accepted request for Transportation Services after a particular amount of time determined by the Mobi App.
4.14. If, during the provision of Transportation Services, a Passenger or its co-passengers negligently damage the vehicle or its furnishing (including, but not limited to, blemishing or staining the vehicle or causing the vehicle to stink), you have the right to request that the Passenger pay a penalty of up to Kshs 2,000/- and seek compensation for any damages exceeding the penalty. If the Passenger refuses to pay the penalty and/or compensate the damage, you must inform us and we will attempt to collect the penalty and/or relevant charges on your behalf. However, please note that we are not liable for any direct or indirect losses caused by the Passenger in relation to the cleaning or maintenance of the car.
4.15 Your tax responsibilities You hereby acknowledge that you are required to fully comply with all tax obligations that arise to you from the applicable laws in connection with the provision of Transportation Services, including I paying income tax, social security tax, or any other applicable tax; and (ii) fulfilling all employee and tax registration obligations for calculations regarding accounting and transfers to applicable State authorities as required by the applicable law. In the event that the Tax authority submits a valid request for information about your activities, we may give the Tax authority with information about your activities to the extent permitted by valid legislative actions. In addition, it is your responsibility to comply with all tax requirements that may apply to the supply of Transportation Services. You hereby undertake to reimburse Mobi for any state fees, claims, payments, fines, or other tax obligations that Mobi incurs as a result of your failure to comply with applicable tax legislation (including paying the income tax and social tax).
4.16 Authorization for the Driver to issue bills. Mobi has the right to bill the Passenger on your behalf for any Fares, contractual penalties, or other costs that Mobi is responsible for collecting on your behalf. In areas where Mobi issues bills, you will have access to the invoice via your Mobi Driver Account.
5. Mobi FEES
You are need to pay a fee in order to use the Mobi Services (i.e. the Mobi Fee). The Mobi Fee is calculated depending on the Fare of each completed Transportation Service request. The Mobi Fee amount is communicated to you via e-mail, Mobi App, Mobi Driver Account, or other relevant means. Please note that the Mobi Fee is subject to change at any time.
We shall notify you in advance of any such changes.
5.2 You must pay the Mobi Fee and any other fees owed to us for the preceding month by the 15th of the succeeding month at the latest. In the event that you are late with payment of the Mobi Fee, you will be required to pay a late payment penalty equal to 0.04 percent of the unpaid amount per day. You are responsible for covering all expenses spent by us in connection with debt collection actions.
6. IN-APP PAYMENTS
6.1. We may permit Passengers to pay for Transportation Services using cards, carrier billing, and other payment methods (Mobi Business, etc.) directly within the Mobi App (i.e. In-app Payment). You hereby authorize us to act as your commercial agent to receive the Fares or other fees paid by the Passenger via In-app Payment and send you the corresponding monies. Any financial obligation incurred by the Passenger via an In-app Payment is deemed satisfied at the moment the payment is made.
6.2. You may not refuse the Passenger's payment via the In-app Payment or urge the Passenger to not use the In-app Payment. If you decline to accept an In-app Payment without a valid reason, we reserve the right to charge you a contractual penalty of Kshs. 1,500 per refusal and/or suspend your access to use the Mobi Services in the event of repeated behavior.
6.3 Mobi maintains the right, on a per-promotional-basis, to send promotional codes to riders at our discretion. You must only approve the use of a promo code when the rider applies it in-app to a journey paid for with a credit card. Cash-paid trips are ineligible for promotional codes. If the use of a promo code is suspected of being fraudulent, illegal, or in violation of our Terms and Conditions regarding the use of promo codes by a Driver, then the promo code may be canceled and Mobi will not reimburse the Driver for the remaining balance.
6.4 If the option is available and the Passenger decides to Tip you directly in the Mobi App, Mobi will collect the Gratuity along with the Fares and other costs paid by the Passenger via In-app Payment. Mobi may withhold the Tip if the payment is suspected of being fraudulent, unlawful, or for a purpose other than as a gratuity related to the service supplied or used by a Driver in violation of our Terms and Conditions.You have the right to see In-app Payment reports within your Mobi Driver Account or App. The reports will display the amounts of In-app Payments and Mobi Fees that were processed throughout the previous week. You must inform us of any significant conditions that may impair our ability to collect and distribute In-app Payment Fares.
6.5 We are not required to pay you the Fare owed by the Passenger if the In-app Payment fails because the Passenger's credit card or other payment method is cancelled or otherwise unsuccessful. In such a circumstance, we will assist you in seeking the Fare from the Passenger and will provide it to you after the payment has been received.Before delivering Transportation Services, you must validate that the service is being offered to the correct Passenger or that the Passenger has confirmed specifically that other passengers may ride under his/her account. If you incorrectly identify the Passenger and the In-app Payment is paid to a person who has not given or authorised Transportation Services for other passengers, we will refund the Fare to that individual. In such a circumstance, you are ineligible for the Fare from us.
In addition, for every improperly applied In-app Payment, we reserve the right to assess a contractual penalty of up to Kshs 1,000.6.7 Please note that we will deduct any Fares or Gratuities paid via In-app Payment from the amounts you owe to us (i.e. Mobi Fees and contractual penalties). We reserve the right to satisfy any of your financial obligations to firms within the Mobi group, at which point we shall acquire the right to file a claim against you. We may offset any of your financial obligations with any financial obligations you may have against us. If Mobi commissions are not paid on time, any outstanding fees owed to Mobi may be deducted immediately from your Powershares or Mobi e-wallet.If we are unable to pay you the Fees or Gratuity because you did not include your bank account information in your Driver's account or because the bank account information was entered improperly, we shall hold such payments for 180 days. If you fail to provide us with the necessary bank account information within 180 days of the date on which the right to claim such payments was established, your claim about the payment of the Fare or Gratuity that was not transferred to you will expire. If a bank transfer is not possible, we may also send your money to your Mobi e-wallet.
7. CUSTOMER SERVICE
Regarding the Drivers' use of the Mobi Services, we provide customer service. We reserve the right to cease providing customer support services if any of your payments are late by more than 5 (five) calendar days.
8. RATINGS AND ACTIVITY
To ensure high-quality service and provide further reassurance to Passengers, you understand that Passengers may rate and provide feedback on the quality of Transportation Services you have provided. Your average rating will be linked to your Driver account and displayed on the Mobi app for Passengers. If we determine that a rating or comment was not given in good faith, we may not include it in the calculation of your rating.In addition to the rating, we measure your level of activity and present you with an activity score based on your activity with regards to accepting, denying, not responding to, and fulfilling Transportation Service requests.8.3 In order to provide Passengers with dependable services, we may require Drivers to maintain a minimum average rating and minimum activity score. Your Driver's account will be immediately suspended either temporarily or permanently if, following a pertinent communication from us, you fail to raise your average rating or activity score to the minimum level within the allotted time frame. We may reverse the suspension of your account if it is determined that the suspension was caused by a system error or fraudulent ratings, or if the suspension was justified by external circumstances.
9. MARKET OVERVIEWS AND ADVERTISING
9.1. Market overviews. We may provide you market overviews via the Mobi App, Mobi Driver Account, SMS, e-mail, or other channels so that you are aware of when passenger demand is at its peak. These market overviews are only informative and do not obligate you in any way. Due to the fact that the market overview estimates are based on historical data, we cannot guarantee that the real market condition will match the market overview estimates.
Powershares and Advertising Campaigns:
Mobi pays drivers or passengers a perpetual "Powershares" commission of 4% for referrals. During the signup process, everyone you refer to Mobi must submit your Mobi handle (e.g. @yournamehere) in the "Who referred you?" field. If you do not submit your handle to your referral during their sign-up process, you will not receive Powershare points. It is not possible to add a reference to a new user's account once registration has been completed. Mobi will not be held liable for your failure to inform your referral to use your Mobi handle during the initial registration process if you fail to do so. If you do not instruct your referral to register with your Powershares handle, you will receive no commission. No exceptions. Additionally, we may provide campaigns in which we guarantee a minimum income if you perform Transportation Services within a certain time limit. If the specified minimum is not met, we will make up the difference. The particular requirements and terms will be sent via the Mobi App, the Mobi Driver Account, SMS, e-mail, or another method. We have complete control over when, when, and to which Drivers such campaigns are sent. If we have grounds to think that you have engaged in fraudulent behavior, we reserve the right to withhold your fare until the suspicion of fraud is resolved.
9.3 Advertising for Passengers Occasionally, we may also organize special initiatives for Passengers to promote the Mobi Platform. If the Fare paid by Passengers is lowered as a result of this campaign, we will compensate you for the monetary value of the benefit provided to Passengers. We may deduct marketing compensation from the Mobi Fee.10.
RELATIVE STATUS OF YOU, US, AND THE PASSENGERS
You acknowledge and accept that we only provide a service for the delivery of information and not transportation services. By providing the Mobi Platform and Mobi Services, we serve as a marketplace that connects Passengers with Drivers and service providers with consumers in order to assist them with their transportation and bill payment needs. You recognize that you are providing the Transportation Services according to a contract for passenger transport and that you are offering the Transportation Services either independently or through a corporation as a commercial and professional activity. Mobi, as the operator of Mobi App, operates as the commercial agent of the Drivers for the mediation of contract formation between the Driver and the Passenger, and accepts and sends payments from Passengers to the Drivers.You accept that neither an employment contract nor an employment relationship has been or will be formed between us. You further acknowledge that there is no joint venture or partnership between us and you. You may not act as our employee, agent, or representative, nor may you commit us to any contracts. If, as a consequence of mandatory legislation or otherwise, you are regarded to be an employee of ours, you agree to waive all claims that may arise as a result of this implied employment relationship.You may not transfer to a third party any rights or obligations derived from the General Terms or Agreement.
11. PROCESSING OF PERSONAL DATA, ACCESS TO DATA
Your personal information will be handled in accordance with the Privacy Notice.11.2 Mobi has access to all personal information and other data you supply or generate when using the Mobi Services. Mobi shall take all reasonable precautions to preserve the confidentiality of such data and comply with all applicable privacy policies and laws whenever such data contains personally identifiable information. Mobi retains access to such data even after the Agreement between you and Mobi has expired, unless prohibited by applicable privacy policies and regulations.You have access to personal and other data given by you or created in conjunction with your use of the Mobi Services to the degree that it is made available to you through your Mobi Driver Account via the Mobi App. You must take all reasonable measures to ensure the confidentiality of such data and comply with applicable privacy policies and laws for as long as and to the extent that such data contains Passenger personal data.
The Mobi Platform is made available "as is" and "as available." We make no representation, warranty, or guarantee that Mobi Platform will be uninterrupted or error-free. As the use of the Mobi Platform for requesting transportation services is dependent on the actions of Passengers, we cannot guarantee that your use of the Mobi Platform will result in any requests for Transportation Services.To the utmost extent permissible by applicable law, neither we nor Mobi's representatives, directors, or employees are liable for any loss or damage you may incur as a result of using the Mobi Services, including, but not limited to:
12.2.1. any direct or indirect property damage or monetary loss;
12.2.2. loss of profit or anticipated savings;
12.2.3. loss of business, contracts, contacts, goodwill, reputation, and any loss that may result from business interruption;
12.2.4. loss or inaccuracy of data; and
12.2.5. any other type of loss or damage.Our financial liability in the event of a breach of the General Terms or Agreement is limited to Kshs 500. You may only file a claim for damages if we intentionally breached the General Terms or Agreement.We shall not be liable for the actions or inactions of the Passenger or co-passengers, nor for any loss or damage you or your vehicle may sustain as a result of the actions or inactions of the Passenger or co-passengers.
12.5. You are entirely accountable for any breach of the General Terms, the Agreement, or any other applicable laws or regulations, and you must immediately cease and remedy any such breach upon receiving a demand to do so from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, or fine that may result from your violation of the General Terms, Agreement, and applicable laws and regulations. If Passenger raises any claims against us relating to your provision of Transportation Services, then you should fully reimburse us within 7 (seven) days of receiving the corresponding request from us. In the event that we have the right to file a claim against you, you will cover all legal fees associated with the evaluation of losses and the filing of claims for compensation of such damages.Mobi will make drivers to put down Kshs 10 per day for personal liability insurance. In addition, Mobi will mandate that drivers insure their vehicles with an insurer of its choosing. This is done to secure affordable insurance premiums.
This clause is always enforceable and is non-negotiable. Without prior notification, insurance premiums may be deducted immediately from the driver's Mobi Powershares or e-wallet account. Driver must be aware that the pleasure of generating passive money comes with the responsibility of working with Mobi's preferred insurance company. Driver renounces any right to hold Mobi financially liable (jointly or severally) for any losses resulting from such deductions.
13. DURATION, SUSPENSION, AND CANCELLATION
13.1. The conditions specifically outlined in these General Terms become effective upon submission of the registration form. Agreements and other terms shall become effective when the appropriate document or message is made accessible to you and you initiate or continue to provide Transportation Services on the Mobi Platform.You may cancel the Agreement at any time by providing Mobi with at least 7 (seven) days' notice, after which your right to use the Mobi Platform and Mobi Services will expire. Mobi may cancel the Agreement at any time and for any reason, at our sole discretion, by providing you with at least 3 days' notice.
13.3. Mobi may immediately terminate the Agreement and block your access to the Mobi Platform without prior notice if you violate the General Terms or Agreement, any applicable laws or regulations, disparage Mobi, or cause damage to Mobi's brand, reputation, or business, as determined in Mobi's sole discretion. In the aforementioned instances, we reserve the right to restrict you from creating a new Driver account.If we detect a violation of the Agreement or fraudulent behavior on your side, we may also immediately suspend (block) your access to the Mobi Platform and to the Mobi Driver Account during the investigation. The access restriction will be lifted once the inquiry disproves these suspicions.We want to give the highest quality service to all Passengers, so we monitor the activity of Drivers on the Mobi Platform. If you fail to achieve the minimum service standards, such as the minimum rating and activity score, we reserve the right to immediately and without notice terminate the Agreement.Additional restrictions and safeguards shall apply when the termination of the Agreement or denial of access to the Mobi Platform impacts the rights of a Driver or fleet operator using Mobi Services to offer Transportation Services in the Republic of Kenya.In accordance with the Internal Complaint-Handling System Rules for Business Users of Mobi, the Driver and fleet company referred to in section
13.6 (Business User Operating in Kenya) have the right to challenge the termination of the Agreement, blocking, and other alleged non-compliance of Mobi with the Regulation.
14.1. Mobi retains the right to modify these General Terms at any time by posting the new version on www.mobishare.org and alerting you (by e-mail, Mobi App, or Mobi Driver Account) if, in Mobi's reasonable view, such modifications are material.
14.2. Mobi shall provide at least 15 days' early notice (by e-mail, the Mobi App, or the Mobi Driver Account) of revisions affecting the rights of Business Users operating in a Member State, unless:
14.2.1 Mobi is subject to a legal or regulatory requirement that compels it to alter the General Terms in a manner that prevents it from complying with the advance notice time;
14.2.2. an emergency revision is necessary to address an unanticipated and serious threat to health, safety, or cybersecurity, or to protect the Mobi Services, Passengers, or Drivers from fraud, malware, spam, or data breaches;
14.2.3. you have opted to waive the advance notice period (e.g., you continue to use Mobi Services after receiving the notice of amendment); or
14.2.4. in Mobi's reasonable judgement, the amendments are beneficial to Drivers and do not need technological adjustments from them.
14.3 If you do not agree to the amended General Terms or other terms of the Agreement, you may terminate the Agreement by terminating use of the Mobi Services and providing Mobi with notice of termination. Unless otherwise specified in your termination notice, the Agreement terminates on the date of the amendment's implementation. Your continued use of the Mobi Services on or after the amendment's effective date indicates your agreement to be governed by the General Terms or Agreement, as amended.
15. APPLICABLE LAW AND JURISDICTION OF THE COURT
The General Terms and Agreement shall be governed by, construed in accordance with, and enforced in compliance with the laws of the Republic of Kenya. If the respective issue arising from the General Terms or Agreement cannot be resolved through dialogue, then it shall be resolved by the Nairobi County Court.
You are required to tell us immediately of any changes to your contact information.
16.2. Any notice required to be given pursuant to the General Terms and Agreement shall be deemed given if:
16.2.1. delivered personally,
16.2.2. sent by courier with proof of delivery,
16.2.3. sent by registered mail,
16.2.4. sent by email, or
16.2.5. made available via the Mobi App or Mobi Driver Account.16.3 Any notice issued or despatched in conformity with the preceding provision shall be regarded received:
16.3.1. if delivered personally, at the time of delivery to the party;
16.3.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
16.3.3. if sent by registered mail, on the 10th day after handing over the document to the post office for delivery to the party;
16.3.4. if made available via the Mobi App or Mobi Driver Account, or
16.3.5. if sent by e-mail,
17. FINAL PROVISIONS
If any section of the General Terms is determined to be unenforceable, the parties shall replace it with a provision that approximates the intent and economic impact of the unenforceable provision.
18. Account Deletion
Account deletion can only be done by contacting customer care. To do so, send an email to email@example.com from the email you used to create the Mobi account. You will be requested for certain verification information, after which your account will be deregistered. Should you wish to re-open your account, you may do so within a three month grace period, after which it will be impossible to retrieve your registration information because it will have been permanently deleted. You will then need to re-register with Mobi to use our services. Account deletion is done within two business days. This will enable us settle any pending settlement like unpaid trip or bills that user might be having with us.
Date of coming into force of the General Term