Terms and Conditions of Mobi Conditions applicable to Passengers
These General Terms and Conditions outline the terms and conditions applicable to and governing the use of the Mobi app - technology that connects passengers with drivers to help them move around more affordably, while also providing a technology platform for passive income, pre-paid Visa virtual cards, and bill pay.Us or we refers to Mobishare Solutions Ltd, sometimes referred to as "Mobi" in this text. Operating a private limited company incorporated and registered under the laws of The Republic of Kenya, with its registered office at Ruiru (Kiambu County) Kenya, P.O. Box 1929-00232.To utilize the Mobi app, you must agree to the following terms and conditions:
Using the Mobi application
1.1 Mobi provides a service for the information society through the Mobi app that facilitates the mediation of requests for transportation services between passengers and drivers. Mobi does not itself provide transportation services. Passenger transportation services are supplied by drivers pursuant to a contract (with you). Independently (either on their own or through a firm), drivers provide transportation services in a professional and cost-effective manner. Mobi is in no way responsible for the performance of the contract between the passenger (you) and the driver. Passengers and drivers shall address disputes originating from consumer rights, legal responsibilities, or law related to the provision of transport services. The Mobi app contains information on the drivers and their transportation service, and receipts for trips are emailed to the email address given in the passenger's profile.
1.2. The passenger (you) enters into a contract with the driver via the Mobi app for the provision of transportation services. Depending on available payment methods You may choose whether to pay the driver in cash or through Mobi in-App Payment if it is supported for the journey's location. Payments for Mobi Business rides are governed by a separate contract for Business trips. Taxes will be incorporated into prices as required by law. Other applicable taxes, tolls, and/or surcharges, such as a booking fee, municipal tolls, airport surcharges, or processing fees for split payments, may also be assessed. You may also choose to tip the driver directly or using Mobi in-App Payment if you so like. We reserve the right to set a maximum value for Tips at our sole discretion.
1.3 Upon installation of the Mobi app, the mobile number of the passenger is associated with the appropriate Mobi user account and added to our database. If you no longer use your mobile number, you must inform Mobi within seven days so that we may reroute your account information. If you do not tell us of any changes to your mobile number, your cell operator may assign the same number to a new user who, when using the Mobi app, will have access to your data.
2. Codes de promotion
2.1 Mobi may send you promotion-specific promotional codes. Promotional code credits may be applied toward payment upon completion of a ride or other features or perks associated to the service and/or a Third Party's service, subject to any extra terms imposed per promotional code. Once you have applied a promotional code to your account, the code's expiration date will be reflected in-app.
2.2 If the amount of your trip exceeds the redeemable credit allotted to your ride, the difference will be automatically debited from the payment method associated with your account. Similarly, a promotional code credit only applies to a single ride, cannot be carried over to a subsequent ride/trip, and is consequently forfeited. Per trip, only one promotional code may be utilized.
2.3 Mobi retains the right to cancel any promotional code for any reason at any moment. This includes, but is not limited to, situations in which Mobi determines that codes are being used in an unlawful or fraudulent manner, those that were provided in error, and those that have expired.
2.4 Mobi pays drivers or passengers a perpetual "Powershares" commission of 4% for referrals. Anyone can refer drivers or passengers to Mobi and receive a perpetual commission of 4% for any service your referral uses on the Mobi application, mainly transportation and package delivery (exceptions apply). This makes passive income possible with Mobi. 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.
3. Mobi in-App Purchase
3.1 You can pay for transport services using a card, mobile carrier billing, or other payment methods (e.g. Mobi Business) as and when available through the Mobi App, depending on the payment choices offered for the specific location of the travel. By offering the Mobi inApp Payment service, Mobi operates as the transport service providers' commercial agent. Each driver has appointed Mobi as their commercial agent for the mediation of contract formation between the driver and the passenger, including the authority to take passenger payments and send them to the driver. Your responsibility to the transport service provider will be satisfied when the payment order to transfer funds to Mobi's bank account is issued. You are responsible for ensuring that the payment is made and that sufficient funds are accessible as a passenger.
3.2 You have the option to use the Mobi In-app Payment service to tip the driver. The Gratuity may be paid via In-app Payment using methods authorized by Mobi for this purpose. Mobi will not retain a commission for the brokerage of the Gratuity, and the Gratuity will be given to the driver in full, less any applicable taxes. Mobi has the right to withhold the Tip if it is suspected that the Tip was paid fraudulently, illegally, for a purpose other than as a gratuity for the service provided, or in violation of Mobi's Terms and Conditions.3.3 When payments are made via Mobi in-App Payment, Mobi collects the funds and transfers them to the driver. Mobi may request extra information to validate your payment method.
3.4 When paying for transportation services with Mobi in-App Payment, Mobi is not responsible for third-party payment charges (e.g mobile operators, bank fees). These service providers may assess additional costs for payment processing in conjunction with Mobi in-App Payment. Mobi is not liable for these costs and denies any responsibility in this regard. Please examine these terms and conditions prior to using your payment method.
3.5 Mobi will be responsible for the functionality of Mobi in-App Payment and will offer assistance in problem resolution. We also handle the resolution of problems pertaining to Mobi in-App Payment. For assistance with payments, please contact [email protected]. Email and Mobi App inquiries will receive a response within one business day. Mobi shall resolve complaints and applications relating to Mobi in-App Payment within two business days.
3.6 Upfront Cost
You may be offered a ride option that allows you to agree to a fixed Fare for a specific instance of the Driver's Transportation service (i.e Upfront Fare). The Upfront Fare is notified via the Mobi app prior to requesting a ride. Upfront Fare shall not be charged if the destination is changed during the ride, the ride takes significantly longer than projected owing to traffic or other causes, or other unforeseen circumstances drastically alter the ride's features (e.g a route is used where tolls apply).
4. Transport service order and cancellation
4.1 If you order a transport service and the driver accepts, the transport service is regarded to have been ordered.
4.2 Once a driver confirms that he/she will complete your travel, you will enter into a separate agreement with the driver for the provision of the journey on terms and circumstances that you and the driver agree upon. Mobi does not provide rides and is not a party to the arrangement between you and the driver.
4.3 Canceling the usage of a requested transportation service occurs when the driver responds to your request and you then reject, cancel, or decline the transportation service. You must pay a cancellation fee if you cancel a request for a transport service after a particular time limit has passed.
4.4 If you cancel a transport service request multiple times within 24 hours, your account may be temporarily blocked as a warning. After numerous such warnings, your account may be suspended for a longer length of time (e.g 6 months). After that period, you may request account reactivation, and Mobi will evaluate your request.
4.5 When the driver alerts the passenger of the vehicle's arrival at its destination and the passenger or people for whom the transport was scheduled do not appear within the time limit stated in the Mobi app, the request will be canceled. Please note that Mobi is not responsible for cases in which a driver decides to cancel your request.
4.6 Once the driver comes and notifies you that he or she has arrived, the Mobi app may begin charging fare on a waiting time basis based on the rates selected in the Mobi app
4.7 If you use the Mobi app to request transportation services and cause damage to the driver's vehicle or its furnishings (including blemishing or staining the vehicle or causing it to stink), the driver has the right to charge you a Kshs 2,000 fine and seek compensation for any damages exceeding the fine. If you do not pay the fine and/or damage compensation, Mobi may pursue the claims on behalf of the transport service provider.
5. License to use Mobi app
5.1 So long as you comply with these General Rules and Conditions, we give you a royaltyfree, revocable, non-exclusive license to access and use the Mobi app in accordance with these General Terms and Conditions, the Privacy Notice, and the applicable app-store terms. This right to use the Mobi app cannot be transferred or sublicensed. If your right to use Mobi app is terminated, the non-exclusive license associated with it will also be terminated.
6. Liability
6.1 Since the Mobi app is a service of the information society (a means of communication) between passengers and drivers, we cannot guarantee or be responsible for the quality or lack of flaws in the supply of transportation services. As the use of the Mobi app to seek transportation services is contingent on the conduct of drivers, Mobi cannot guarantee that you will always have offers for the provision of transportation services.
6.2 The Mobi app does not offer or broker passenger transportation services. It is also not a service provided by a transport agency to locate passengers for transport providers. The Mobi application is used to organize the provision of transportation services.
6.3 The right to a refund does not apply to Mobi app purchases. Requesting a refund from the transport service does not constitute a withdrawal from the contract under which the transport service was purchased.
6.4 The Mobi application is supplied "as is" and "as available." Mobi does not represent, assure, or ensure uninterrupted or error-free access to the Mobi app. In the event of software errors, we will make every effort to correct them as soon as possible. However, please be aware that the app's functionality may be limited due to occasional technical errors, and we cannot guarantee that the app will function at all times; for instance, a public emergency may result in a service interruption. Mobi shall not be held liable for the loss of Powershares for any cause. In order to create a culture of saving, "Powershare Points" (funds) may be withdrawn every two weeks. However, withdrawals made before to this period will incur withdrawal fees at Mobi's discretion. These rates are subject to change at any time based on market dynamics, changes in tax laws, or any new requirements imposed by the government of Kenya. VirtualPay Ltd. provides virtual cards at no cost. Mobi does not provide virtual cards directly but acts as a conduit to connect VirtualPay users with pre-paid virtual card customers. Virtual Pay Ltd is a licensed independent payment gateway by the Central Bank of Kenya and the Kenyan government. By utilizing the virtual pay services, you agree to indemnify Mobi, its shareholders, employees, partners, agents, users, brokers, and affiliates from all liability, loss, damages, wrongful death, punitive and general damages for whatever reason. Mobi shall never be held financially responsible for any cause. In addition, you renounce all rights you may have to file a legal claim, injunction, or lawsuit against Mobishare Solutions Ltd. or its business partners for all time and across the world.
6.5 Mobi, its representatives, directors, and employees are not liable for any loss or damage that you may incur as a result of using Mobi app or relying on the journey contracted for through Mobi app, including but not limited to:
6.5.1. any direct or indirect property damage or monetary loss;
6.5.2. loss of profit;
6.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of business;
6.5.4. loss or inaccuracy of data;
6.6 Mobi's financial obligation for contract breach is limited to Kshs. 5,000. You may only file a claim for damages if Mobi has intentionally breached the agreement. Mobi is not responsible for the conduct or inactions of the driver, nor for any damages the driver may cause to passengers.
6.7 You undertake to completely indemnify and keep harmless Mobi, their affiliate companies, representatives, employees, and directors from any claims or losses (including liabilities, damages, fees, and expenditures of any kind) incurred as a consequence of your use of the Mobi app (including the journeys you obtain through your use of the Mobi app).
6.8 Mobi may terminate your use of the Mobi app immediately if you violate these General Terms and Conditions or if we deem it necessary to defend Mobi's reputation or the safety of drivers.
7. Effective use of the Mobi app
7.1 Since Mobi is not a provider nor a broker of transport services, any complaints regarding defects or quality of transport services will be resolved in accordance with the norms and regulations of the transport service provider or the applicable public body.
7.2 We want feedback using a form in the Mobi app. This allows us to provide drivers with tips for enhancing the quality of their service.
7.3 We expect you to utilize Mobi app in good faith and with respect for the drivers who provide services via Mobi app. Mobi has the right to close your account if you have broken the criteria outlined in these General Terms and Conditions or if your activities are malicious, such as withholding payment for the provision of a transportation service, fraud, or being disrespectful to drivers. In such instances, your Mobi app account may be terminated without warning.
7.4 Mobi will make every effort to ensure that only drivers who value their profession and their passengers use the Mobi app. However, we cannot guarantee that every provider of transportation services discovered by the Mobi app always meets the aforementioned standards. If you encounter unacceptable transportation service, please inform the firm responsible for the service, a regulatory agency, or our customer service.
8. Modifications to the Terms and Conditions
8.1 You will be alerted via email or Mobi app notifications of any important changes to the General Terms and Conditions. If you continue to use the Mobi app, you are believed to have accepted the changes.
9. Closing Regulations
The General Terms and Conditions shall be regulated, construed, and enforced in accordance with Kenyan law. If the relevant issue arising from the General Terms or Agreement cannot be resolved through discussions, it will be resolved by the Nairobi County Court. If any section of the General Terms is determined to be unenforceable, the parties will replace it with a provision that approximates the intent and economic impact of the unenforceable provision.
10. Account Deletion
Account deletion can only be done by contacting customer care. To do so, send an email to [email protected] 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 entry into effect: August 3, 2022
