BACKGROUND
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this Application, (“Our Application”). You must read, agree and accept all the Terms set out in this agreement which includes the terms and conditions set out below. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then ChapChap is unwilling to allow you to use the ChapChap platform. By using any of the services you become a “User’ on the ChapChap platform and you agree to be bound by the terms and conditions of this agreement with respect to the provision of such services. If you do not agree to be bound by the terms of this agreement, do not use ChapChap. We may amend this agreement at any time by posting the amended terms on the ChapChap application. You may not have access to the ChapChap application before accepting these terms.
Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required for a user to access and/or use certain areas of Application, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Driver” means an independent business person operating as a transportation provider for people or goods.
“ChapChap” means all versions of the ChapChap applications.
“ChapChap Partner” means a Driver or Vendor who has successfully completed all the necessary steps to register on the ChapChap application and has subsequently been provided with an Account.
“ChapChap Wallet Balance” means the balance of money due to a ChapChap User as the result of services provided to Users through the ChapChap applications or deposited into ChapChap accounts for later use.
“ChapChap Support Desk” means the in-person support and the call-centre available to all current and prospective ChapChap User in the various locations where ChapChap is operational.
“Service Provider” means any individual or business, including Drivers and Vendors, offering goods or services to Customers/Users on the ChapChap platform.
“User” means a user or consumer of any ChapChap Applications and/or a beneficiary to Services extended through our Application.
“User Content” means any content submitted to Our Application by Users including, but not limited to include personal information, images and all data
“We/Us/Our” means all licensees of the ChapChap applications.
ChapChap is available at our website -
https://www.chapchap.co.ke, or on request by emailing info@chapchap.co.ke
2.1. Any Driver or Vendor seeking to become a partner must first apply for and succeed in passing all the necessary requirements, including but not limited to: interview, satisfactory completion of background checks, completion of training and verification of vehicle.
2.2. Only approved partners are allowed to access our Application.
2.3. We reserve the right to discontinue, stop or preclude anyone from accessing our Application at any time and for any period. Will not be liable to you in any way if such access is made unavailable to you at any time.
2.4. It is the responsibility of the ChapChap Partner to make any and all arrangements necessary in order to access Our Application. Any ChapChap Partner who is unable to access the Application should contact us for clarification and guidance.
2.5. Access to Our Application is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Application (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Application (or any part of it) is unavailable at any time and for any period.
3.1. ChapChap partners remain fully independent business people. The ChapChap application is a mechanism for a ChapChap Partners to connect with Users, to whom they may wish to provide services.
3.2. Neither the provision of access to the ChapChap application, nor any other action by ChapChap, constitutes an employment agreement or contract for services.
3.3. We have no responsibility whatsoever for the actions or conduct of any service providers or Users. We have no obligation to intervene in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions made regarding providing or accepting services / goods rests solely with the User and the Partner.
3.4. We will not be liable for any damages, direct, incidental and or consequential, arising out of the use of ChapChap, including, without limitation, damages arising out of communicating and or meeting with other participants of ChapChap, or introduced to you via ChapChap. Such damages include and are not limited to, physical damages, bodily injuries, death and emotional distress and discomfort.
3.5. ChapChap Partners shall take reasonable precaution in all actions and interactions with any party they may interact with through the use of the services. ChapChap has no control over the identity or actions of the users and service providers and ChapChap requests that users exercise caution and good judgment when using the services. Service providers and users use the services at their own risk.
3.6. ChapChap Partners are required to adhere to the ChapChap Code of Conduct in the relevant country when using the Application or any other ChapChap equipment. The Code of Conduct will be provided to the ChapChap Partner during the registration process and will be updated from time to time. It is the responsibility of the ChapChap Partner to ensure that they are familiar with the latest version of the Code of Conduct.
3.7. The ChapChap application provides fair and transparent prices for both Drivers and Users. ChapChap Partners agree to adhere to the pricing set out by the ChapChap application. Any ChapChap wishing to understand the way in which the ChapChap application calculates prices or who believes there has been an error in pricing should contact the ChapChap service desk and provide full details.
3.8. We may from time-to-time offer incentives to ChapChap Partners for meeting specified performance targets. All programmes of Performance Incentives or Performance Sanctions will be communicated to Partners by Us through SMS, in-app notifications or announcements and posters at ChapChap offices. It is the responsibility of the ChapChap Partner to clearly monitor all communications and ensure that they are aware of any changes in programme of Incentives and Sanctions.
3.9. We reserve the right to charge a commission or other service fee to ChapChap Partners for access to the ChapChap platform. Such charges will be communicated to ChapChap Partners in advance. It is the responsibility of the ChapChap Partner to clearly monitor all communications and ensure that they are aware of any changes in the structure of pricing.
3.10. Any questions about the agreement, the practices of ChapChap, or
your dealings with us please contact us at info@chapchap.co.ke
4.1. Once a User is approved as a ChapChap Customer / Partner he/she will be provided with an account.
4.2. When registering as a ChapChap user and creating an Account, the information the user provides must be accurate and complete. If any of the information changes at a later date, it is the User's responsibility to ensure that the Account is kept up-to-date.
4.3. It is the responsibility of the ChapChap User to protect their account details and ensure that no-one else gains access. Any unauthorised access to a ChapChap User’s account shall be the responsibility of the ChapChap User and the ChapChap User shall be liable for any resulting financial loss. If a User believes their Account is being used without their permission, please contact ChapChap immediately on the ChapChap Customer Care Line. ChapChap will not be liable for any unauthorised use of any Account.
4.4. A ChapChap user must not use any other User’s Account on any ChapChap application.
4.5. Any personal information provided in a User's Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in Clause 17.
4.6. ChapChap reserves the right to suspend or deactivate a User’s account any time.
5.1. The ChapChap application enables ChapChap Partners to monitor their earnings from the ChapChap application. All balances due from ChapChap to the ChapChap Partner will be clearly stated in the ChapChap application.
5.2. We offer Partners a range of options for how and when they wish to receive the settlement for their earnings. We will endeavour to ensure that all payments are made as and when agreed between the ChapChap Partner and Us although these may be subject to delays that are outside Our control. Any ChapChap Partner who believes that they have not received the correct payment should contact the ChapChap Support Desk immediately. We reserve the right to make any corrections to future earnings in the event of an overpayment by ChapChap. We reserve the right to charge ChapChap Partners a withdrawal fee for the internal and external costs (3rd party payment processors) of making payments to ChapChap Partners.
5.3. In some jurisdictions ChapChap Partners may be offered the opportunity to use their earnings to make purchases from Us or third-party Service Providers. In such cases it is the responsibility of the ChapChap Partner to check all transactions before approving and where necessary to contact the ChapChap Support Desk.
6.1. A registered ChapChap Partner may, under some circumstances, be eligible to use ChapChap equipment, including but not limited to ChapChap-branded helmets, ChapChap-branded reflectors, ChapChap-enabled smartphones.
6.2. We reserve the right to charge the ChapChap Partner for use of any ChapChap equipment. Such charges will be clearly communicated to the ChapChap Partner at the point of collection of the equipment.
6.3. The charge in Clause 6.2 shall not be the purchase price of the equipment and neither shall it comprise of any arrangement to mean that the ownership of the equipment has transferred to the Partner. For avoidance of doubt the equipment shall at all times remain the property of ChapChap unless stated in writing.
6.4. ChapChap Partners commit to take good care of all ChapChap Equipment at all times and to return ChapChap Equipment to ChapChap if at any point they decide to cease using the ChapChap Application.
6.5. ChapChap Partners commit only to use any ChapChap Equipment while providing services through the ChapChap Application. Any ChapChap Partner found to be using ChapChap Equipment while providing services through other mobile platform will be liable to have their ChapChap Account suspended and will be required to return all ChapChap Equipment to ChapChap.
6.6. Upon loss of the ChapChap Equipment the User shall be liable to pay a replacement fee that shall be communicated at the time of the loss.
7.1. Under some circumstances, a ChapChap Partner may be offered the option of paying in installments/deferred payment on some of the charges or fees due to ChapChap at the discretion of ChapChap.
7.2. The balance of deferred payment will be clearly displayed to ChapChap Partners in the ChapChap Application. It is the responsibility of the ChapChap Partner to contact the ChapChap Support Desk in the event that they believe that the displayed balance is incorrect.
7.3. ChapChap Partners understand and agree that We will make deductions from their earnings to settle the deferred payment balance. In the event that a ChapChap Partner does not have sufficient earnings to meet the deferred payment terms then ChapChap reserves the right to suspend the ChapChap Partner’s account and collect all ChapChap Resources.
8.1. With the exception of User Content (see Clause 7), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable Kenyan and international intellectual property laws and treaties.
8.2. You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.
8.3. A User may:
8.3.1. Access, view and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
8.3.2. Download Our Application (or any part of it) for caching;
8.3.3. Print one copy of any page(s) from Our Application;
8.3.4. Download extracts from the pages on Our Application; and
8.3.5. Save pages from Our Application for later and/or offline viewing.
8.4. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.
8.5. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
9.1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments etc.
9.2. An Account is required if a User wishes to submit User Content. Please refer to Clause 3 for more information.
9.3. A User agrees to be solely responsible for their User Content. Specifically they agree, represent and warrant that they have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
9.4. A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by us under sub-Clause 6.2.
9.5. A User will be responsible for any loss or damage suffered by us as a result of such breach.
9.6. A User (or your licensors, as appropriate) shall retain ownership of their User Content and all intellectual property rights subsisting therein. When a User submits User Content they grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the User Content for the purposes of operating and promoting Our Application. In addition, the User also grants Other Users the right to copy and quote their User Content within Our Application.
9.7. We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
10.1. A ChapChap Partner may use or create a link to our Application provided that:
10.2. It is done in a fair and legal manner;
10.3. It is not done in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.4. A ChapChap Partner does not use any logos or trademarks displayed on Our Application without Our express written permission; and
10.5. A ChapChap Partner does not use our Application in a manner that causes damage to Our reputation or to take unfair advantage of it.
10.6. Framing or embedding of Our Application on other websites is not permitted without Our express written permission. Please contact Us at info@chapchap.com for further information.
10.7. A ChapChap Partner shall not link to Our Application from any other site the main content of which contains material that:
10.7.1. is sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory;
10.7.2. promotes violence;
10.7.3. promotes or assists in any form of unlawful activity;
10.7.4. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.7.5. Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
10.7.6. Is calculated or is otherwise likely to deceive another person;
10.7.7. Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
10.7.8. misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
10.7.9. implies any form of affiliation with Us where none exists;
10.7.10. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
10.7.11. Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.8. The content restrictions in sub-Clause 8.7 do not apply to content submitted to sites by other users or drivers provided that the primary purpose of the site accords with the provisions of sub-Clause 8.7. A User, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content. A ChapChap Partner, however, is prohibited from posting links on websites which focus on or encourage the submission of such content from users.
11.1. Links to other sites may be included on Our Application. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Application is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
12.1. Nothing on Our website constitutes advice on which a ChapChap User shall rely. It is provided for general information purposes only.
12.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, not infringe on the rights of third parties, be compatible with all software and hardware, or that it be secure.
12.3. We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.
13.1. To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Application or the use of or reliance upon any Content (including User Content) included on Our Application.
13.2. To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included on Our Application.
13.3. Our Application is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
13.4. Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware. However, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Application (including the downloading of any Content from it) or any other site referred to on Our Application.
13.5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
14.1. A User may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 14.
14.2. A User must ensure that he or she complies fully with any and all local, national or international laws and/or regulations;
14.3. A User shall Not use Our Application in any way, or for any purpose, that is unlawful or fraudulent; or for any purpose, that is intended to harm any person or persons in any way.
14.4. We reserve the right to suspend or terminate access to Our Application if a user is in material breach of the provisions of this Clause 14 or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions:
14.4.1. suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
14.4.2. remove any User Content submitted by a User that violates this Acceptable Usage Policy;
14.4.3. issue you with a written warning;
14.4.4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
14.4.5. take further legal action against you as appropriate;
14.4.6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
14.4.7. any other actions which We deem reasonably appropriate (and lawful).
14.5. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
15.1. We may alter these Terms of Use at any time. If We do so, we shall update the revised document. Any such changes will become binding on the user upon first use of Our Application after the changes have been implemented. A User is therefore advised to check this page from time to time to acquaint themselves with any new changes that may have been affected.
16.1. To contact Us, please email Us at info@chapchap.com or using any of the methods provided on Our contact page at https://www.chapchap.com.
17.1. By signing up for an Account a user agrees to receive communications from ChapChap or any ChapChap user. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.
17.2. For questions or complaints about communications from Us , please contact Us at info@chapchap.com or via our Toll Free line.
18.1. These Terms and Conditions, and the relationship between the User and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of the country in which the Application is licenced and the goods or services available in the Application are provided.
18.2. If a User is a consumer, any dispute, controversy, proceedings or claim between him or her and Us relating to these Terms and Conditions, or the relationship between him or her and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licenced and in which the goods or services available in the Application are provided.
18.3. If a User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licenced and in which the goods or services available in the Application are provided.