Rudi Trip

These general terms of use and legal information (hereinafter, the "General Terms") apply to the website, mobile apps, email newsletters and subscriptions and other digital properties (all together referred to as the 'Online Platforms' or 'Platforms') of Rudi Corporation Limited hereinafter, "The Company" The Platform belongs to The Company. By using the Platform, you accept and expressly agree to these terms of use. If you do not agree, please refrain from using it. The Company hereby makes the The Company's Platform available to users (hereinafter, the "User" or "Users"). In accordance with the provisions of the applicable legislation, the following identification details of the Platform owner are provided below:

• Company name: Rudi Corporation Ltd.
• Registered address: P.O Box 0202, NYAHURURU
• Commercial Register registration details: SAJA RIDGES, KIAMBU

1. Object

   The Company is a technology company whose main activity is the development and management of a technology platform through which certain local truck owners in a number of territories can offer their products and/or services by means of a mobile or web application on the platform and, in an ancillary manner, where applicable and if so requested through the Platform by users of the Platform and consumers of the said local truck owners, act as an intermediary in the planned or immediate delivery of the products.

   The Company has developed a Platform through which a variety of vendors, with which The Company can have in place a commercial agreement for the use of the platform, offer a selection of products and/or services. Users can request the purchase and/or collection of products and services from such vendors in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, The Company acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the vendors or by such third parties.

   In addition, The Company is a multi-category Technology Platform for intermediation in the contracting of "on demand" services by distance electronic means. Its aim is to make it easier for any persons requiring help with their errands, services, purchases in person and/or collection of products from local vendors (hereinafter, "Users") to carry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate given to them by Users (hereinafter, the "Vendors").

   Vendors are thus a network of self-employed professionals who work with The Company. When they wish to provide their services, they log onto the The Company Platform and undertake to carry out within a certain amount of time the service entrusted to them by the User by means of the above-mentioned mandate. As a result, The Company cannot be responsible for delivery times, as they will depend on the Vendor's own successful operations, the preparation of orders, the Vendors themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery. In relation to this, the delivery times stated on the Platform are provided for indicative purposes only.

   
   

   The Company hereby confirms that it has obtained all necessary licences for the pursuit of its commercial activities in the areas in which it operates.

2. Terms of Use

   By accessing the Platform and voluntarily creating a profile, all Users acknowledge and expressly and unambiguously agree to these General Terms of Use and Contracting as well as to the Privacy Policy and the Cookie Policy.

3. User Access and Registration

   In order to be a User of the Platform, it is essential that you meet the following requirements:

   • Users must be at least 18 years of age.
   • Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User's name, e-mail address, telephone number.
   • Users must agree to these Terms of Use and Contracting.
   • Users must agree to the Privacy and Data Protection Policy.
   • Users must agree to the Cookie Policy.

   The User warrants that all the information regarding his/her identity and capacity provided to The Company in the registration forms for the Platform is true, accurate and complete. In addition, Users undertake to keep their details up to date.

   If a User provides any false, inaccurate or incomplete information or if The Company considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, The Company may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.

   When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, The Company recommends that Users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, The Company will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.

   Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Platform that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.

   Users are the sole owners of the content entered by them on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms, the User grants The Company, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicize and exploit it in any way that may be deemed appropriate by The Company, with or without any further communication to the User and without having to pay any amounts for such uses.

   The Company cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User's identity. Users undertake to inform The Company immediately, using the communication channels made available by The Company, if their credentials are stolen, disclosed or lost.

4. Profile

   In order to complete their registration on the Platform, Users must provide certain details, such as: username, e- mail address, telephone number, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. The Company does not store users' payment data, which shall be processed and stored by the payment service provider as described in these Terms and in the Privacy Policy.

5. Operation of the Service. Terms of the Mandate.

   When a User who is registered as a User needs help with an errand, he/she must go to the online platform or the relevant The Company application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the User, provided that they are within the territory in which The Company operates. Similarly, a User may ask a Vendor to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Vendor undertakes under a mandate to purchase the products ordered by the User on the latter’s behalf and according to his/her indications and specifications.

   Users are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release The Company and the Vendor from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery on the Platform shall be borne by the User.

   Users must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that they are asking the Vendor to buy in a physical shop on their behalf. To do this, they may provide any comments they may deem useful in the "comments" section as well as, where appropriate, share a photograph with the Vendor to identify the order. Users will be in constant contact with the Vendor and may communicate with him/her at any time to ensure that he/she carries out the mandate according to the Users’ own instructions.

   In order to facilitate direct communication with the Vendor and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, THE COMPANY makes available to Users an internal chat system allowing direct and immediate contact between the User and the Vendor while the order is being carried out. The chat session will be deactivated as soon as the User has received the product, or the order is cancelled for any of the reasons envisaged. If a User wishes to contact the Vendor or The Company after the order has been completed, he/she must use the contact form available on the Platform and contact the User assistance service.

   If the User is not at the place agreed for delivery, the Vendor shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the User must bear 100% of the cost of the basic logistics service, as well as the price of the product if one has been purchased or contracted through the Vendor at the User’s request and will have to pay for another service in order to receive the products that were not delivered. The Vendor will in no event be liable for the deterioration or expiry of the product to which the assignment related.

6. Prices of the Services and Billing

   Users can register for the Platform, and use it, free of charge, although this is subject to review by The Company at any time. Users may have to pay for certain services on the Platform as provided in these General Terms and Conditions of Use.

   The use of the Platform by Vendors and Users may have an associated cost based on the country from which they wish to use the Platform to provide services.

   The User only has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties.

   In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required payment details, Users expressly authorize The Company to issue receipts for payment of the services requested, including the price and delivery of the products ordered.

   The total price of each service may be composed of a variable percentage based on the number of kilometers travelled and the time taken by the Vendor, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each vendor. The Company reserves the right to change the price based on the distance travelled and/or the time slot in which the service is performed.In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the User has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond The Company’s control that entail an increase in such fee.

   The fee may include tips for the Vendor and/or the local store, whose amount shall be solely and entirely at the User’s discretion.

   The Company reserves the right to change the prices on the Platform at any time. Such changes shall take effect immediately after publication. The User expressly authorizes The Company to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the User must enter the relevant tax data on the platform before placing the order.

   If a service is cancelled by the User once the preparation of the order by the local vendor has been confirmed and the User has been informed, The Company will be entitled to charge the User the fee applicable in each case. Similarly, if the User has asked the Vendor to purchase a product on his/her behalf and the User cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Vendor as well as the full price of the product. All this without prejudice to the User’s ability to request a new service in order to return the products purchased or to have them delivered at a different address.

7. Right of Withdrawal and Cancellation of Orders

   In accordance with the nature of the service offered by The Company, the User is aware that, once a Vendor has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.

   Without prejudice to the foregoing, the cost of cancellation may depend on the following factors;

   - If the User cancels the order once the Vendor has accepted it for processing, the User will be charged the cancellation fee. The User will be informed of the Vendor’s acceptance through the Platform. The User can see the cost of cancellation on the Platform. If the order is cancelled by The Company, the agents will contact the User to inform the latter of the cost of cancellation if there is one.

   The total cost of cancellation will appear on the User’s screen on pressing the "Cancel" button on the Platform. The User will be shown the charge to be applied, based on the factors described above, in advance.

   The Company reserves the right to cancel an order without having to provide a just cause. In the event of cancellation without just cause at The Company’s instance, the User shall be entitled to a refund of the amount paid.

   The Company has official claim forms available to Users, in relation to the service offered by it. Users may request the above-mentioned claim forms through The Company’s User assistance service, and the option to access them will be sent automatically. The User’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.

8. Geolocation

   The Company may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorized by the User. The said location data may be collected and used by The company to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Vendors in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices.

   The User shall be responsible for entering the correct addresses for collection and delivery. In this regard, The Company will accept no liability for errors or omissions in the provision of such addresses by the User.

9. The User’s Obligations

   Users are fully responsible for the proper use of, and access to, their profile and other Platform contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Platform, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.

   Users are responsible for correctly entering their individual usernames and passwords, which are non-transferable and must be sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the Platform.

   Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.

   The Company may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.

   Any persons who breach the above obligations shall be liable for any loss or damage caused by them. The Company will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

   In general, Users undertake, by way of example without limitation:

   • To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
   • To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
   • To refrain from using the Platform to insult, defame, intimidate or harass other Users or attack their image; - To refrain from accessing other Users’ e-mail accounts;
   • To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to The Company’s or third parties’ contents or systems;
   • To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
   • Any User may report another User if he/she believes that the latter is in breach of these General Terms of Use. Similarly, any User may inform The Company of any abuse or infringement of these terms through the Contact Form. The Company will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Platform for breach of these General Terms of Use. Furthermore, The Company reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

10. De-registration by Users

    Users may de-register from the Platform using the Contact Form on the Platform.

11. Rudi Corporation Limited’s Responsibility

    Users are responsible for having in place the necessary services and equipment to browse the Internet and access the Platform. Users can report any incidents or problems accessing the Platform to The Company using the contact channels made available to Users, and The Company will analyze the incident and instruct the User on how to resolve it as quickly as possible.

    The Company does not control, and is not responsible for, the contents uploaded by Users through the Platform, and Users are solely responsible for the lawfulness of such contents.

    The Company will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control.

    The Company accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

    • The presence of a virus in the User’s computer system or mobile handset used to connect to the Platform’s contents and services;
    • A malfunction of the browser;
    • The use of outdated versions thereof.

12. Updates and Changes to the Platform

    The Company reserves the right to amend these General Terms of Use, the Privacy Policy and the Cookie Policy at any time and without prior notice. Users must carefully read these General Terms when accessing the Platform. In any event, acceptance of the General Terms is an essential step to be taken before accessing the services and contents available through the The Company’s Platform.

    In addition, The Company reserves the right to update, amend or delete the information contained on its Platform, at any time and without the need for prior notice, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto. The Company does not guarantee the absence of errors or interruptions when accessing the Platform or its content, or that it will always be up to date. Notwithstanding the foregoing, The Company shall, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

13. Intellectual Property

    The company is the owner or licensee of all intellectual and industrial property rights included on the Platform as well as of the contents that can be accessed through it. The intellectual property rights of the Platform, as well as the text, images, graphic design, navigation structure, information and contents included therein, are the property of The Company, who has the exclusive right to exercise the exploitation rights therein in any manner, in particular the rights of reproduction, distribution, publication and transformation, in accordance with the Kenyan legislation on intellectual and industrial property rights.

    In spite of the foregoing, The Company may not be the owner or licence holder of content such as names or images, among others, of companies with which The Company does not have a business relationship. In such cases, The Company acquires the content from publicly available sources, and The Company shall in no event be deemed to be related to any right belonging to The Company.

    Authorizing a User to access the Platform does not imply the waiver, transfer, licensing or full or partial assignment by The Company of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the The Company Platform are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the The Company Platform for public or commercial purposes are also prohibited, save with The Company’s express written authorization or, where applicable, that of the owner of the rights concerned.

    Any User who shares any content of any kind through the Platform asserts that he/she has the necessary rights to do so, releasing The Company from any liability regarding the content and lawfulness of the information supplied. By providing content through the Platform, Users assign to The Company free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.

14. Severability

    If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.

15. Applicable Law

    The relationship between The Company and the User shall be governed and construed in accordance with the General Terms, whose construction, validity and enforcement shall be governed by Kenyan laws.

16. Alternative Dispute Resolution

    Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings.

    If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration.