TERMS OF USE / TERMS AND CONDITIONS

This Terms of Use Agreement (“Agreement”) is entered into by and between:
1. PARTIES
(a) Transport Network Company: Swift- Rock Transporters Limited a company duly registered and operating under the laws of Kenya with its principal place of business at Ambassador Court, Milimani Road (hereinafter referred to as “the Company”).
(b) Subscriber: An individual who has subscribed to the transport network service provided by the Company, including both Customers and Drivers, whose details are registered on the Company’s digital platform (hereinafter referred to as “the Subscriber”).
2. SCOPE OF AGREEMENT
(a) The Company agrees to provide access to its transport network service to the Subscriber for the purpose of requesting or providing transport services.
(b) The Subscriber agrees to use the platform in accordance with the terms and conditions outlined herein.
(c) The Subscriber acknowledges that the Company is a technology provider and does not directly operate or manage transport services.
4. SUBSCRIBER OBLIGATIONS
(a) The Subscriber shall provide accurate and up-to-date personal information when registering on the platform.
(b) The Subscriber agrees to pay all applicable fares, fees, and charges for transport services requested through the platform.
(c) The Subscriber shall not engage in any fraudulent, abusive, or illegal activity when using the service.
(d) The Subscriber shall comply with all relevant laws and regulations governing the use of transport network services.
(e) If the Subscriber is a Driver, they must comply with all legal and regulatory requirements for operating as a transport service provider, including licensing and vehicle maintenance.
(f) Drivers shall ensure their vehicles are roadworthy, insured, and compliant with transport regulations.
(g) Passengers shall treat drivers with respect and shall not engage in abusive or inappropriate behavior.
(h) The Subscriber agrees not to use the platform to engage in discriminatory behavior, harassment, or any form of misconduct.
5. COMPANY OBLIGATIONS
(a) The Company shall ensure the availability of its Platform for requesting and providing transport services, subject to maintenance and unforeseen interruptions.
(b) The Company shall take reasonable measures to verify the identity and credentials of both Passengers and Drivers registered on the platform.
(c) The Company shall provide customer support for service-related inquiries and complaints.
(d) The Company shall implement security measures to protect Subscriber data, subject to applicable data protection laws.
(e) The Company reserves the right to introduce new features, updates, or changes to the platform at its discretion.
6. PAYMENT TERMS
(a) The Subscriber shall make payments for services rendered through approved payment methods available on the platform.
(b) The Company reserves the right to adjust fares, fees, and charges based on demand, operational costs, and regulatory requirements.
(c) Drivers shall receive payments for services rendered in accordance with the Company’s payment policy, subject to applicable deductions and commissions.
(d) The Company shall process Driver payments within the timeframe specified in the Company’s payment policy.
(e) Any chargebacks, fraudulent transactions, or disputes related to payments shall be handled in accordance with the Company’s dispute resolution procedures.
7. LIMITATION OF LIABILITY
(a) The Company acts solely as a technology platform connecting Subscribers with each other and does not assume liability for the actions, negligence, or misconduct of either customers or drivers.
(b) The Company shall not be responsible for delays, service interruptions, or unavailability of transport services due to circumstances beyond its control.
(c) The Company is not responsible for any loss, injury, or damage sustained by Subscribers while using the platform.
(d) The Company shall not be liable for third-party services, including payment processors and external partners.
8. TERMINATION
(a) The Company reserves the right to suspend or terminate a Subscriber’s access to the platform in cases of violation of the terms outlined in this Agreement.
(b) The Subscriber may terminate this Agreement by closing their account on the platform, subject to settlement of any outstanding obligations.
(c) The Company may deactivate inactive Subscriber accounts after a defined period of non-usage.
(d) Upon termination, the Subscriber shall cease to use the platform and delete any associated software or applications provided by the Company.
9. DISPUTE RESOLUTION
(a) Any disputes arising under this Agreement shall first be resolved through negotiations between the parties.
(b) If unresolved, disputes shall be referred to arbitration in accordance with the laws of Kenya.
(c) The Company may, at its discretion, suspend any accounts involved in a dispute until resolution is reached.
10. PRIVACY AND DATA PROTECTION
(a) The Company shall collect, process, and store personal data in accordance with its Privacy Policy.
(b) Subscribers agree to the collection and use of their data for the purpose of providing transport services.
(c) The Company shall not sell or share personal data with unauthorized third parties.
(d) The Subscriber is responsible for maintaining the confidentiality of their account credentials.
11. GENERAL PROVISIONS
(a) This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings.
(b) Any modifications to this Agreement shall be communicated by the Company through the platform or other official means.
(c) If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
(d) The Company reserves the right to transfer or assign its rights and obligations under this Agreement to a third party in case of business restructuring or acquisition.