Last updated: May 20th, 2019
These terms of service constitute an agreement (the “Agreement”) between you and TRANSCENDS SYSTEMS EAST AFRICA LTD (herein after referred to as “TSEA” which expression shall where the context so admits include its successors in title and permitted assigns) on the first part (“TSEA”, “we,” “us” or “our”) governing your use of the TSEA application, website.
1.4. TSEA do not offer services to subjects in Member States of the European Union, European Economic Area.
1.5. Each service provided by a driver/service provider to a rider/customer shall constitute a separate agreement between such persons. TSEA is a technology company that does not provide services directly. TSEA is not a service provider. It is up to the third party service providers to offer services to you and it is up to you to accept such services. The service of the company is to link you with such service providers, but does not nor is it intended to provide services or any act that can be construed in any way as an act of a service provider. The company is not responsible nor liable for the acts and/or omissions of any service provider and/or any services provided to you.
2.2. You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. TSEA is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. TSEA reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
3. Prices and Payments
3.1. TSEA payment system is a system under which a user makes a suggestion for a service price and the service request confirms only if a driver /service provider accepts this quoted price and timing . You agree that if your offer is accepted, TSEA will confirm the reservation and charge the entire amount of the ride/service, including applicable addtional cost ,taxes and fees. The price you name is per ride/service. The "median ride price" which we may display to you is the median of the rates service network companies are offering to the general public for the exact or approximate distance you selected. These rates are based on the time you requested a ride and the area you selected. We make no guarantee or warranty, with respect to the accuracy or completeness of the data used or provided.
3.2. You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.Tolls shall be added and included in a fare that passenger is paying.
4. License Grant and Restrictions
Limitations and restrictions. You are not allowed to: (a) remove any copyright, trademark or other proprietary notices from any part of the Services; (b) modify, create derivative works based upon, reproduce, distribute, license, lease, sell, resell, transfer, publicly display, stream, broadcast or otherwise use the Services unless given a written consent to do so by TSEA; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or change the source code of the Services except as may be permitted by applicable law; (d) frame, link to or mirror any part of the Services; (e) cause or run any programs or scripts for the purpose of scraping, indexing, surveying or conducting any other form of data collecting on any part of the Services or intentionally overloading or hindering the operation and/or functionality of any aspect of the Services; or (f) try to gain unauthorized access to or attempt to damage any part of the Services or its related systems or networks.
4.2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
4.3. You may use the Software and/or the Application only for your personal purpose and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
5. Intellectual Property Ownership
6. Restricted Activities
With respect to your use of TSEA and your participation in the Services, you agree that you will not:
7.1. You shall maintain in confidence all information and data relating to TSEA, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of TSEA (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from TSEA, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Services, and shall not without the TSEA’s prior written consent, disclose such information to any third-party nor use it for any other purpose. You shall only disclose such information to such officers, employees and agents as need to know it to fulfil its obligations under this Agreement.
7.2. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of TSEA in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to TSEA with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by TSEA or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of TSEA; becomes known to you, without restriction, from a source other than TSEA without breach of this Agreement by you and otherwise not in violation of TSEA’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to TSEA to enable TSEA to seek a protective order or otherwise prevent or restrict such disclosure.
8. Personal Data Protection
8.1. You agree and consent to TSEA using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
8.2. For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, address, telephone number, credit or debit card details, gender, date of birth, email address, any information about you which you have provided to TSEA in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by TSEA from time to time and includes sensitive personal data.
The provision of your Personal Data is voluntary. However, if you do not provide TSEA with your Personal Data, your access to the Application may be incomplete and TSEA will not be able to process your Personal Data for the Purposes outlined below and may cause TSEA to be unable to allow you to use the Service.
8.3. You agree that TSEA may send you push notifications and e-mails, contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an TSEA account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
10. Disclaimer of Warranties
10.1. TSEA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, APPLICATION AND/OR THE SOFTWARE. TSEA DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR (F) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE APPLICATION AND/OR THE SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE SERVICE PROVIDER. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent. The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party service services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party service services remains solely and absolutely with you and you shall have no recourse whatsoever to the company.
10.2. The service, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party service provider being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
11. Limitation of Liability
11.1. Any claims against TSEA by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). TSEA AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party service providers, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party providers including third party service providers, advertisers and/or sponsors. TSEA will not be a party to disputes, negotiations of disputes between you and such third party providers including third party service providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party service providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party service providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.
11.2. The quality of the third party service services scheduled through the use of the service is entirely the responsibility of the third party service provider who ultimately provides such service services to you. You understand, therefore, that by using the service, you may be exposed to service that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.
12. User Provided Content
12.1. TSEA may allow from time to time users to post their own content ("User Provided Content") that may be accessed by other users of the Service. TSEA has no obligation to monitor the User Provided Content or the use of the Service, or to retain the content of any user posted in User Provided Content sections of the Service. You may not provide defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by TSEA in its sole discretion, whether or not such material may be protected by law, User Provided Content.
12.2. TSEA does not claim ownership of any User Provided Content. By submitting, posting or displaying the User Provided Content, you hereby grant TSEA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Provided Content which you submit, post or display on or through, the website. This license is for the sole purpose of enabling TSEA to display, publicly perform, distribute and promote the User Provided Content and the website.
12.3. TSEA reserves the right, in its sole and absolute discretion, to modify or delete any information, stored or posted to the website.
12.4. TSEA does not assume any responsibility for the contents of the User Provided Content.
13. Governing Law
These Agreement, your rights and the rights of TSEA within this Agreement shall be governed by and construed in accordance with the law of the Defendant's country of residence.
TSEA may give notice by means of a general notice on the Application, electronic mail to your email address in the records of TSEA, or by written communication sent by Registered mail or pre-paid post to your address in the record of TSEA. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to TSEA (such notice shall be deemed given when received by TSEA) by letter sent by courier or registered mail to TSEA using the contact details as provided in the Application.
16. General Provisions
16.1. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, then such provision or portion shall be construed, as nearly as possible, to reflect the original provision, and the remainder of the Agreement will continue in full force and effect. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. The section titles in the Agreement are used solely for the convenience and have no legal or contractual significance. No provision of the Agreement shall be construed against the owners of this site but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis. The terms of the Agreement, which by their nature should survive the termination of the Agreement, shall survive such termination. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site, the App or the Services. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Us other than pursuant to these Terms.
16.2. We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email or as otherwise expressly provided.
17. Class Action Waiver
17.1. By voluntarily accepting this Agreement, you agree that in its entirety as provided by the applicable law, a lawsuit or arbitration proceedings related to this Agreement are carried out exclusively on a case-by-case basis, and no disputes arising from collective claims or representative actions on behalf of third parties shall be considered. Disputes cannot be consolidated without the written consent of all parties. No decision or determination of a court or an arbitrator will have a prejudicial force over the issues or claims regarding any disputes with persons who are not the declared parties to such arbitration proceedings.
This means the following:
1. You agree that you cannot make a claim as a plaintiff or a participant in a class action, a consolidated action or a representative action.
2. The parties agree that an arbitrator or a court shall not consolidate the claims of more than one person into a single lawsuit, and shall not conduct arbitration or action proceedings of a consolidated, collective or representative nature (unless all parties agree to change this provision).
3. The parties agree that the decision or determination of an arbitrator or a court in the event of a single person claim can only affect the person who filed this lawsuit, but not other persons, and cannot be used to resolve other disputes with other plaintiffs.
17.2. By visiting our website and downloading and using our application, you agree that the laws of your country of residence, without violating the principles of conflict of laws, are legally binding with respect to terms of this Agreement and any disputes of any kind that may arise between us.