Msafiri App Terms and Conditions

1. Introduction

Welcome to Msafiri! These Terms of Use ("Terms") govern your access or use of applications, websites, content, products, and services under the Msafiri App (the "Services") made available by xxx Limited, a private limited liability company established in Kenya (hereinafter referred to as "Msafiri").

By clicking accept and utilizing this Service you will be deemed to have read, understood and accepted these Terms. Please do not continue to use Msafiri.ke if you do not agree with all of the terms and conditions stated on this page.

Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements:

• "Client", "You" and "Your" refers to you, the person logging on this website and compliant to the Company's terms and conditions.
• "The Company", "Ourselves", "We", "Our" and "Us" refers to our Company.
• "Party", "Parties", or "Us" refers to both the Client and ourselves.
• 'Mandataries' are individuals willing to voluntarily carry out food delivery tasks delegated to them by Users of the Msafiri APP. They act on behalf of the Users to complete errands or services requested through the platform.

2. Acceptance of Terms

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Msafiri. If you do not agree to these Terms, you will not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.

Msafiri may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental Terms

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Amendments

Msafiri may amend the Terms related to the Services from time to time. Amendments will be effective upon Msafiri posting such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Msafiri may provide to Third Parties including regulatory authorities or courts of law any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and such information or data is necessary to resolve the complaint, dispute or conflict.

3. Use of the Msafiri App

The Msafiri APP functions as a technology platform facilitating the electronic mediation of "on demand" service contracts. Its primary goal is to simplify the completion of food related errands, services, in-person purchases, and product pickups from local merchants. This is achieved by allowing users to delegate these tasks to willing third-partys delivery agent who voluntarily undertake the assigned food delivery mandates.

The Merchants Model

Through the Merchants model the Users have access to the marketplace available in the APP and may acquire the products and/or services therein offered by those Merchants who have signed an agreement with Msafiri App. Additionally, the User may request via the APP the delivery of the acquired products by any Mandatary available and who accepts the order to any address within the area covered by the relevant Merchant and Mandatary.

The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Msafiri App, are provided based on the information and documents supplied by the Merchants, and that Msafiri App is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs. Msafiri App reserves the right to withdraw any product from its APP, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

The User accepts that all the products appearing on the Msafiri App are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the establishment.

The User accepts that Msafiri App is, in no way responsible, for the quality and/or characteristics of the products or services offered by the Merchants and/or by the Mandataries, who are professionals dedicated to the provision of the products or services offered through the Msafiri App. The Merchants and/or the Mandataries are, similarly, responsible for the obtention of any licence or permit that may be legally required for the provision and offer of the said goods or services and, by offering them through the Msafiri App, the Merchants and/or Mandataries declare to have duly obtained them.

4. User Representations

In order to be a User of the Msafiri APP, 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 and bank card number.
• Users must carefully read these General Terms when accessing the Msafiri. Further, acceptance of the General Terms is an essential step to be taken before registration.
• Users must agree to the Privacy and Data Protection Policy.
• Users must agree to the Cookie Policy.

Once all requirements are fulfilled and registration on the Msafiri is completed, Msafiri App will provide the User with the registration confirmation, together with any other information necessary in accordance with the law applicable.

All Users who may be classified under the applicable law as "consumers" benefit and are protected by all relevant consumer protection laws and regulations when using the Msafiri.

5. Users' Profile and Responsibilities

Account Security

When registering on the Msafiri App, 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, Msafiri App recommends that Users do not use the same login credentials as on other platforms. In any case, Msafiri App does not guarantee the security of the account or profile.

Profile Information

In order to complete their registration on the Msafiri App, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, 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. Msafiri App does not store users' payment data, which shall be processed and stored by the payment service provider as described in these General Terms and in the Privacy Policy.

Information Accuracy

The User warrants that all the information regarding his/her identity and capacity provided to Msafiri App in the registration forms for the Msafiri App 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 Msafiri App considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Msafiri App may deny that User current or future access to, and use of, the Msafiri App or any of its contents and/or services.

Account Security

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 Site that may be made by third parties, including the statements and/or contents entered on the APP, or for any other action carried out under their username and/or password. Msafiri App 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 Msafiri App immediately, using the communication channels made available by Msafiri App, if their credentials are stolen, disclosed or lost.

6. User's Obligations and Responsibilities

Users are fully responsible for the proper use of, and access to, their profile and other Msafiri App contents in accordance with the current legislation, be it national or international, of the Country from which they are using the Msafiri App, 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 the sole owners of the content entered by them on the Msafiri App. Msafiri App 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 Msafiri App, whose consequences shall be the sole responsibility of their issuers.

Users shall refrain from using their profile and other Msafiri App 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 Msafiri App and its contents and services. In addition, they are prohibited from hindering other Users' normal use or enjoyment of the Msafiri App.

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

Specific Prohibitions

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

• To refrain from altering or modifying the Msafiri App, 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 Msafiri App to insult, defame, intimidate or harass other Users or attack their image;
• To refrain from accessing other Users' email accounts;
• To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Msafiri App's or third parties' contents or systems;
• To refrain from sending mass and/or recurring emails to a number of people, or from sending third parties' e-mail addresses without their consent;
• To refrain from advertising goods or services without Msafiri App's prior consent.

Reporting Violations

Any User may report another User if he/she believes that the latter is in breach of these General Terms. Similarly, any User may inform Msafiri App of any abuse or infringement of these terms through the Help section of the APP. Msafiri App 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 APP for breach of these General Terms. Furthermore, Msafiri App 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.

7. User Reviews

Msafiri App may collect reviews of Users relating to certain Merchants and/or the products or services offered by them. Msafiri App reserves the right to publish the said reviews in the APP and make them available for any other User, identifying them by the first name of the User who has left the review, all in accordance with Msafiri App's Privacy Policy.

The Users will be asked through the Msafiri App to provide the said review, only in the case that they have placed an order via the Msafiri App to the relevant Merchant. The provision will, nevertheless, be completely voluntary for the User who may or may not submit it. By submitting a review, the User accepts its collection and publication, if that is the case, by Msafiri App.

Length of the reviews may be limited by a certain number of characters. In addition, the User commits to leave relevant reviews only, and which are in no way offensive, abusive, untrue, discriminatory, etc either for the Merchant or for any other User or Mandatary. Msafiri App reserves the right to filter the reviews and to remove any review that is not compliant with these General Terms or that may be considered offensive or contrary to the law and public order.

8. Credit Card Theft or Appropriation

Since Msafiri App cannot guarantee the identity of registered Users, Users are under an obligation to inform Msafiri App if they have evidence that the credit card associated with their Msafiri App profile has been stolen and/or is being fraudulently used by a third party. Msafiri App, together with payment service provider, will make its best efforts to block further payments when duly informed by the User; however, Msafiri App will not be liable for any fraudulent use thereof that may be made by third parties on the User's account and it is neither obliged to make any investigation on the fraudulent use of the Users' payment methods by third parties nor to block any suspectful transaction. Msafiri App suggests that Users report any theft, robbery or suspected misuse of their credit card to the police. If necessary, Msafiri App undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge.

In the event of fraud, Msafiri App reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the APP.

9. De-registration and Cancellation of Users' Accounts

Users may voluntarily deregister from the APP using the Help Section of the APP.

In addition, Msafiri App reserves the right to suspend and/or cancel any Users' accounts in the APP in the case that it takes notice that it has stopped complying with all basic requirements for registration as well as in case of reasonable suspicion of fraudulent or illicit use, including the use of the User account in a manner which is contrary to these General Terms.

10. Operation of the Service & Service Models

Msafiri App, as a multi-category Technology Platform allows Users who are duly registered in the Msafiri App to place different types of orders. By accessing the Msafiri App, the Users may buy products and/or services directly from the Merchants and, ancillarily, request the collection and subsequent delivery of the product, by the Mandataries, from the Merchants' addresses to the address established by the User or choose to directly collect the order from the Merchant's store through the IN-STORE or PICK-UP options defined below(hereinafter, the "Merchants model"), provided that they are within the territory in which Msafiri App operates. Similarly, a User may ask a Mandatary to either perform errands and/or purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified (hereinafter, the "Anything" model), as well as to perform on-demand deliveries on behalf of the User (hereinafter, the "Courier" model).

11. Cookies

We employ the use of cookies. By accessing Msafiri.ke, you agree to use cookies in agreement with the Msafiri's Terms and Conditions and Privacy Policy Most interactive websites use cookies to let us retrieve the user's details for each visit. In order to provide you with access to the Website and a more personalized and responsive service, we need to remember and store information about how you use this website. This is done using small text files called cookies. Cookies contain small amounts of information and are downloaded to your computer or another device by a server for this Website. Your web browser then sends these cookies back to this website on each subsequent visit so that it can derecognize and remember things like your user preferences (visits, clicks, historical activity). You can find more detailed information about cookies and how they work at http://www.aboutcookies.org.

Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies (necessary cookies).

This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid for subscribed/unsubscribed users. When you submit data through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence (functional cookies).

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work social media sites such as Facebook, and LinkedIn, will set cookies through our site which may be used to enhance your profile on the respective site, or contribute to the data they hold for various purposes outlined in their respective privacy policies.

We or our service providers also use analytic services to help us understand how effective our content is, what interests our users have, and to improve how this Website works. In addition, we use web beacons or tracking pixels to count visitor numbers and performance cookies to track how many individual users access this Website and how often. This information is used for statistical purposes only and it is not our intention to use such information to personally identify any user.

The cookies collected are used to a very limited extent necessary for technical purposes (website functionality) and stored for 1 to 5 years in line with the international NAI standards.

The browsers of most computers, smartphones, and other web-enabled devices are typically set up to accept cookies. If you wish to amend your cookie preferences for this website or any other websites you can do this through your browser settings. Your browser's 'help' function will tell you how to do this. Be aware that disabling cookies will affect the functionality of this website in areas in which cookies are necessary for the functioning of features, and usually results in also disabling certain functionalities and features on this site. Therefore, it is recommended that you do not disable cookies.

12. License and Intellectual Property Rights

Unless otherwise stated, Msafiri, and/or its licensors own the intellectual property rights for all material on Msafiri.ke. This website and its contents are protected by copyright, trademark, and other laws of Kenya, and/or foreign countries. We and our licensors reserve all rights not expressly granted under these Terms of Use.

You may access this website for your own personal use subject to restrictions set in these terms and conditions.

Restrictions

You must not:

• Republish material from Msafiri.ke;
• Use material from Msafiri.ke for commercial purposes;
• Sell, rent, or sub-license material from Msafiri.ke;
• Reproduce, duplicate, modify or copy material from Msafiri.ke;
• Redistribute content from Msafiri.ke.

Trademark Usage

You shall not use the "Msafiri" name or the Msafiri logo, either alone or in combination with other words or design elements. You may not use any of the foregoing names, marks, or logos in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form, except if expressly permitted in writing by Msafiri.

You will comply with all applicable laws in accessing and using the Msafiri App.

13. Your Privacy

You acknowledge that we may use your personal information and data according to our Privacy Policy incorporated herein by this reference. You hereby agree to the terms of our Privacy Policy, including any obligations imposed on you therein.

14. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our website. You approve of immediately removing all links to our website upon request. We also reserve the right to amend these terms and conditions at any time. By linking to our website, you agree to be bound to and follow these terms and conditions.

Removal of Links from Our Website

If you find any link on our website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

15. Disclaimers and Limitations of Liability

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. This website (including without limitation any content or other part thereof) contains general information only, and we are not, by means of this website, rendering professional advice or services. Before making any decision or taking any action that might affect your finances or business, you should consult a qualified professional advisor.

This application is provided as is, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that this website will be secure, error-free, free from viruses or malicious code, or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.

Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including, without limitation, with respect to loss of service or data. We will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to or arising out of the use of this website, even if we knew, or should have known, of the possibility of such damages.

Certain links on this website may lead to websites, resources, or tools maintained by third parties over whom we have no control. The Terms and Conditions Generator played a key role in the creation of our document. Without limiting any of the foregoing, we make no express or implied representations or warranties whatsoever regarding such websites, resources, and tools, and links to any such websites, resources and tools should not be construed as an endorsement of them or their content by us.

The above disclaimers and limitations of liability shall be applicable not only to us but also to our personnel and subcontractors.

The above disclaimers and limitations of liability are applicable to the fullest extent permitted by law, whether in contract, statute, tort (including, without limitation, negligence), or otherwise.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

16. Price of the Products and/or Services offered on the Msafiri App

The prices applicable to each service and/or product offered in the APP are established by the Merchants and are set solely and freely by the latter. Msafiri App makes its best efforts to ensure that the prices in the Msafiri App are updated and duly reflect the real price that will be applied by the Merchant; however, in certain situations above Msafiri App's control, the price indicated by the Merchant in the Msafiri App may vary. In such a case, the Merchant shall be the sole responsible for the variation of the price and the User must contact the Merchant for any claim that may correspond. The purchase requested via the Msafiri App's will be continued in the case of price variations of up to 30%. If the variation is greater than the said 30%, the User will be contacted to inform him/her of the situation and inform on the available options. In any case, the User may, in any case, contact the Merchant and/or the Mandatary to confirm the final price of the products ordered.

The Merchants are free to set a disclaimer on the products/services they offer through the Msafiri App, ensuring that the prices displayed in the Msafiri App correspond to those available at their own premises. In this case the Merchants remain responsible for any variation, change and/or errors that such prices may experience. Msafiri App does not intervene in any way in the setting of the disclaimer.

All the prices stated on the Msafiri App are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall, in any event, be denominated in the currency in force in the territory from which the User operates.

The User acknowledges that prices of the products and services indicated by the Merchants in the Msafiri App may not always include the price of their packaging, that may be charged separately to the User if so requested by the applicable law and/or standards. In particular, but without excluding any other case, the User acknowledges that it may be charged separately the price of any plastic packaging that accompanies their order.

In the case of Anything model orders, the User grants the Mandatary, by means of the purchase and delivery request made through the Msafiri App, a mandate to purchase the products in person, on his/her behalf, at the price set by the stores in which it is bought; any indicative of such price included in the Msafiri App is merely indicative and shall never be interpreted as definitive or binding neither for Msafiri App nor for the store or the Mandatary. The User may be in direct contact with the Mandatary while the order is being carried out.

Msafiri App and/or the Merchants reserves the right to introduce a surcharge in the order price (hereinafter, "Small Order Surcharge") as a requirement for the processing and preparation of those orders considered as small. The consideration of small may vary depending on the country and/or moment in which the order is placed. Msafiri App will clearly communicate to the User through the Msafiri App when the Small Order Surchage is applicable and its exact amount; and the User will have the faculty to either continue with the order and pay the said surcharge, modify the order and/or quit the said order before its definitive placing.

17. Billing

By registering through the APP and providing the required bank details, Users expressly authorise Msafiri App to issue receipts for payment of the services requested, including the price and delivery of the products ordered.

The User expressly authorises Msafiri App 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 either by the use of the APP, by the services provided by the Mandataries and/or the Merchants. If an invoice is required, the User must enter the relevant tax data on the APP before placing the order.

The User similarly accepts that according to the services contracted through the Msafiri App, they can receive the invoices corresponding to the delivery, courier or management services, by the Mandataries.

18. Payment Platforms

Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Msafiri App by Users will discharge their obligation to pay the said price to the associated restaurants and/or establishments as well as the Mandatary, for the services provided. Msafiri App does not act on behalf of Users and none of the authorizations provided in this document should be deemed as a mandate given to Msafiri App.

Msafiri App issues receipt of payments to Users acting as an agent (for collection of payments) on behalf of associated restaurants and/or establishments and Mandataries through an Electronic Money Institution. Electronic Money Institutions (hereinafter, "Payment Platforms") are responsible for the obtention of any necessary authorisation or licence to provide, directly or indirectly, regulated payment services in the territories in which Msafiri App operates and for being in compliance with the current legislation applicable to the payment services provided. Therefore, Msafiri App will accept no liability for the lack of authorisation or licence or the breach of any applicable regulation; on the contrary, the sole and exclusive liability will lay with the Payment Platform.

Msafiri App reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the APP, always through the Payment Platform and for the sole purpose of verifying the means of payment provided and ensuring the correct functioning and use of the APP by the Users. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these General Terms.

If a User has any issues with the payment via the Payment Platform made available in the APP, the User may contact Msafiri App's User assistance service through the Help Section in the APP. Msafiri App will make its best efforts to provide a solution to the issue and to liaise with the Payment Platform to the extent possible; be that as it may, Msafiri App is not responsible for any such issue that falls within the activity and responsibility of either the Payment Platforms or the User's bank or assimilated financial institution.

19. Payment Methods

The User may pay for the products and/or services in cash or by credit card. When making the order, the User will be informed of the various payment options available in the territory from which the service is being requested. Additionally, in certain territories, the User may also have the option to pay with mobile money, either via the APP or at the moment of pick up or reception of the order, as indicated through the APP in each case.

In order to pay with a credit card, the User must provide the card details through the APP as a payment method associated with his/her account. Msafiri App does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the Payment Platform through which payments are made.

If it is not possible to complete a charge using the selected payment method, the User authorises Msafiri App to charge the applicable fee to any other credit or debit card that the User has already registered to his/her Msafiri App account.

The cash payment option may be unavailable in some of the countries in which Msafiri App operates. If available, in the case of cash payments, Msafiri App reserves the right to withhold the money from the User's card until payment is made at the time of delivery of the product and/or on completion of the assignment at the place of delivery. If the payment does not take place, Msafiri App reserves the right to charge the card on which the money has been withheld.

If payment for the service can for any reason not be taken from the User, the User's account shall be blocked until the situation has been rectified and the debt has been settled.

20. Refunds

In the event of a dispute, Msafiri App may provide the first line of support and may reimburse the User if this is deemed appropriate. In case of cash payments, Msafiri App provides refunds, adding Promo code to the User's Msafiri App account. In case Msafiri App becomes aware that the User who is requesting a refund of an Order, has made a fraudulent use of the APP, this request will be immediately rejected.

Notwithstanding the above, Msafiri App shall not be obliged to implement any refund due to defects on the Merchant's products or on the provision of the delivery services by the Mandataries. Further, any refund done by Msafiri App due its high standards in Users' satisfaction, shall not be considered as a waiver of this exclusion of liability which is inherent to Msafiri App's condition of a mere intermediary. Additionally, any return of a product as well as its corresponding refund shall be managed by the User directly with the Merchant, in accordance with the Merchant's return policy and with section 5 of these General Terms.

21. Promotional Codes and/or Other Offers or Discounts

Msafiri App may unilaterally provide at any time credits for use within the APP, discounts, free shipping as well as any other promotion, to certain Users (hereinafter, the "Discounts and/or Promotions"). Any of these discounts and promotions may unilaterally be cancelled at any time by Msafiri App.

The User acknowledges and accepts that any Discounts or Promotions granted must be used only within the validity period established by Msafiri App for each Discount and/or Promotion. If no validity period is specified by Msafiri App at the moment of communicating and/or granting such Discount or Promotion, the validity period applicable by default will be of six (6) months from the date on which they were made available to the User. Any other validity period set by Msafiri App at the moment of communicating or granting the said Discount and/or Promotion will prevail over the six (6) months default validity period stated above.

Similarly, the User acknowledges and accepts that any Discounts and/or Promotions granted may be applicable only to certain products and/or services offered through Msafiri App's APP or only under specific circumstances and conditions (e.g. first order, order within a territory, order at a specific time of the day, order of a certain type, Small Order Surcharge, etc).

Discount and/or Promotions granted to Users must be correctly entered in the APP by the User before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them. The User is responsible for making sure that the Discount and/or Promotion is applicable for the specific products or services requested through the APP and that the Discount or Promotion is still valid and fully effective.

The User acknowledges that Discounts and/or Promotions may experience a delay in its application from the moment in which these are communicated and/or granted to the User. In particular, among others, the Discounts and/ or Promotions offered by Msafiri App for first Users or first orders in the APP may take between 24 and 72 hours from the time of the creation of the User account to be available. The User is responsible for making sure that the Discount and/or Promotion has been correctly entered in the APP and to review that it has correctly been applied to the order. If this delay in application exceeds 72 hours, the User can use the Help Section to contact Msafiri App's User Support.

The User acknowledges and accepts that all Discounts and/or Promotions are valid only once per User and, therefore, may be restricted based on various characteristics such as device, credit/debit card, email address, phone number or user ID, save expressly provided otherwise by Msafiri App in reference to the specific Discount and/or Promotion.

In any case, Msafiri App reserves the right to unilaterally cancel and withdraw any Discount and Promotion either offered or already granted if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to Users for the amount for which Msafiri App has been defrauded as well as for the suspension and/or cancellation of User's Msafiri App account.

Msafiri App will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of Discounts and Promotions. In particular, Msafiri App will accept no liability if the website is not available at any time during Discounts and Promotions or for a malfunction in the automated promotion system.

22. Cancellation of Orders and Right of Withdrawal

Cancellation of Orders by the User

In accordance with the nature of the intermediation service offered by Msafiri App, the User is aware that, once a Mandatary and a Merchant have voluntarily accepted an order, the execution of the mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge. Once the User has cancelled the orders, the products will not be delivered. This is without prejudice to the right of return and/or withdrawal of the User that may correspond to the User under the laws applicable.

The cost of cancellation may depend on the following factors:

• If the Merchant has already accepted the order and started preparing it, the User will be charged the price of the products. The User will be informed of the Merchant's acceptance through the APP and/or by e-mail at the e-mail address registered by the User.
• If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the cancellation fee. The User will be informed of the Mandatary's acceptance through the APP. The User can see the cost of cancellation on the APP. If the Merchant and the Mandatary have both accepted the order for processing, the User will be charged both the price of the products and the cancellation fee.
• If the order must be cancelled by Msafiri App and/or by the Merchant, due to reasons that are not directly attributable to the User but outside Msafiri App's control (e.g. lack of stock, change in the price by the Merchant, etc), Msafiri App's agents or the Mandatary will contact the User to inform the latter of the alternatives available and the costs that these will entail, if any.

The total cost of cancellation will appear on the User's screen on pressing the "Cancel" button on the Msafiri App, based on the factors described above.

Cancellation of Orders by Msafiri App

Msafiri App reserves the right to cancel an order without having to provide a just cause. Msafiri App will inform the User of the said cancellation and, in the event of cancellation without just cause at Msafiri App's instance, any amount held in the User's account and/or credit card will be released.

Return of Non-perishable products. Right of Withdrawal

If a User wishes to return a non-perishable product or make a claim about the provision of a service, the Merchant that sold the said product will be the sole responsible for the acceptance and/or refusal of such return, in accordance with its own internal policies and with all applicable law. Therefore, in all cases, the return of a non-perishable product shall be subject to the Merchant's returns policy in any event and the decision regarding whether a return is appropriate will lie with the Merchant in each case. Similarly, the Merchant will decide how to make the refund (cash, credit card, store voucher, etc.) following its own return policy.

Msafiri App will neither be responsible for such return, nor for the compliance of the Merchant's return policy with all applicable laws. This is without prejudice to Msafiri App's ability to act as an intermediary between the User and the Merchant in handling the complaint. The User must inform Msafiri App of the solutions provided by the Merchant if a dispute arises.

Further, as certain Merchants may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Msafiri App's User assistance service for the necessary help and support using the channels available on the APP.

The User must check the non-perishable products delivered by the Mandatary at the delivery address at the moment of the delivery; the User is, thus, responsible for checking that the service and/or products provided are adequate as well as, where applicable, for collecting enough evidence to prove that they were not. Therefore, if a User wishes to process the return of a non-perishable product, he/she must provide a photograph of the total order, together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested. In any event, the decision regarding whether a return is appropriate will lie with the Merchant, and not with Msafiri App, in each case.

Msafiri App has official claim forms available to Users, in the official languages of the countries in which Msafiri App operates, in relation to the service offered by it. Users may request the above-mentioned claim forms through Msafiri App'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.

23. Home Delivery of Free Samples and Other Commercial Actions

Msafiri App reserves the right to enter into commercial agreements with other companies, brands, stores, entrepreneurs, professionals etc, to send promotional communications, including the addition of free samples to any orders delivered to the User's, either occasionally or as part of recurrent sampling campaigns. In this regard, during any type of sampling campaign, certain Merchants or brands may have a prominent position if so agreed with Msafiri App for the purpose of the Merchant or brand promotion. The provision of samples will not entail any additional cost to the User.

The user acknowledges and accepts that, by ordering through Msafiri App, it may participate in any sampling campaign and receive various samples together with the orders made via the APP, for mainly promotional purposes.

Msafiri App is, in no way, responsible for the quality and characteristics of the products provided as sample and will not be liable for any damage and/or offence caused by the delivery of the said sample. Further, Msafiri App is not responsible for any sampling campaign that the Merchants offering products or services through the APP may organise and implement; while Msafiri App makes its best efforts to ensure legality of Merchants' activities and Merchants commit to respect the law when using the APP, Msafiri App cannot review the content of the orders and/or any sampling campaign organised by the Merchants in their condition of independent professionals/companies.

24. Content Moderation and/or Alteration

Notwithstanding the foregoing, Msafiri App reserves the right to restrict certain Users' access to the APP, either fully or partly, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party's rights or property. Further, Msafiri App will not tolerate the publication of abusive language or abusive attitudes towards Msafiri App, its workers, the Merchants, the Mandataries, or any other party involved in the content published in the APP.

In this regard, Msafiri App may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. Any User and/or third party may contact Msafiri App via the Help Section in the APP in order to notify the presence of illegal content in the APP. Msafiri App will carefully examine any notification in this regard, providing that it includes a sufficiently substantiated explanation of the reasons why it is alleged that the relevant information is illegal content and a clear description and indications that allow Msafiri App to identify the relevant information and its place of storage. Msafiri App will, thus, make its best efforts to investigate the information denounced and to take appropriate measures for its removal if it is found illegal.

In addition, Msafiri App reserves the right to decide on the algorithms and parameters applicable to the ranking of the Merchants (restaurants and/or stores) and products that appear in the APP, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics, including but not limited to the proximity and accessibility of the premises, prior reviews, as well as any agreement reached by Msafiri App with said merchants or distributors of the products related to their positioning and visibility.

25. Geolocation

Msafiri App 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 authorised by the User. The said location data may be collected and used by Msafiri App to show Users the location of the point of origin and/or destination of an order. In this regard, Users expressly consent to their geolocation data being shared with any Merchant and Mandatary, to successfully carry out the order requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.

26. Responsibilities and Warranties

Responsibilities and Warranties in Relation to the Msafiri App

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

Msafiri App does not guarantee the absence of errors or interruptions when accessing the APP or its content, or that it will always be up to date. Therefore, Msafiri App 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. Notwithstanding the foregoing, Msafiri App will, 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.

Msafiri App 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 APP's contents and services;
• A malfunction of the browser;
• The use of outdated versions thereof.

Msafiri App hereby confirms that it has obtained all necessary licences for the pursuit of its technological intermediation activities in the countries in which it operates.

Responsibilities and Liability in Relation to Content

Msafiri App does not control, and is not responsible for, the contents uploaded by Users, Merchants and Mandataries through the APP; therefore, Users, Merchants and Mandataries are solely responsible for the lawfulness of such contents. Similarly, Msafiri App does not control (and is under no obligation to control) how Users, Merchants and Mandataries use the Msafiri App. It therefore does not guarantee that they use the Msafiri App in accordance with these General Terms or in a diligent and/or prudent manner and in accordance with all laws applicable. Further, Msafiri App does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Msafiri App gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Mandataries and/or Merchants. In this regard, Users state that they understand that Msafiri App is a mere intermediary and that it therefore accepts no liability arising from the information provided by Mandataries and/or Merchants or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms. When an order is placed on the Msafiri App and accepted by the Mandatary, a direct relationship is established between the User and the Mandatary. Msafiri App is not a party to this relationship and merely provides the APP to enable the Parties to communicate and place as many orders as may be necessary. Msafiri App makes no assertions or confirmation regarding any Mandataries and Merchants or their identity or background information. Msafiri App therefore recommends that Users always use common sense and remain alert when placing any order.

By becoming members of the APP, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the APP or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Msafiri App.

Liabilities and Warranties in Relation to Users' Reviews

Msafiri App is not responsible for the content of any review left by any User, regardless of whether these are published in the Msafiri App, and will accept no liability for any damage and/or offence caused by the said reviews. Msafiri App can only guarantee that solely the Users who have purchased a certain product or service through the APP will be asked to provide a review on it; nevertheless and, albeit Msafiri App will make its best efforts to put in place any reasonable measure to prevent fraudulent, offensive and abusive reviews, Msafiri App cannot systematically verify the reviews collected and, therefore, cannot guarantee the accuracy and truthfulness of the reviews left by the Users.

Responsibilities and Liability for the Products and Services Offered Through the Msafiri App

As an intermediary, Msafiri App merely facilitates, via the APP, the means by which the parties involved (i.e. the Merchants, the Users and the Mandataries) may contact with each other to arrange the sale and, if desired, the delivery of the products and services to the address indicated by the User. Therefore, Msafiri App is in no way responsible and does neither guarantee nor assume any liability for the products or the services offered by the Merchants or for the provision of any requested delivery services by the Mandataries. Msafiri App will not check, and it is not responsible for checking, the products sent or delivered through orders on the APP. Further, Msafiri App does neither prepare, nor sell nor deliver any product and, therefore, cannot be liable for its ingredients or its manipulation and the provision of any information on allergens. Notwithstanding the above, Msafiri App requests all Merchants and Mandataries to abide by all applicable laws and the highest standards of health and safety in the preparation and manipulation of the products, as well as of information provision to users and consumers. Additionally, given that any food product offered via the APP is prepared and packaged at the Merchant's establishments, Msafiri App is not responsible for ensuring that food orders are delivered to Users in properly closed packages.

Furthermore, the product/services images displayed on the APP are provided for illustrative purposes only and the final product/service the User purchases may differ slightly from these images.

The Users, the Merchants and the Mandataries, release Msafiri App from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation. If Msafiri App becomes aware that the User, the Merchant and/or the Mandatary is/are using the APP to transport prohibited products, Msafiri App may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User, Merchant or Mandatary in question until any potential investigation has been completed. The measures available to Msafiri App include providing the authorities with data and information on the Users, Merchants and Mandataries.

Msafiri App rejects any liability for damages of any kind that may arise from Users, Merchants and/or Mandataries' illegal use of the APP due to the information supplied by latter to other Users, Merchants and/or Mandataries being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to Users, Merchants and/or Mandataries impersonating a third party in any kind of communication made through the APP. In particular, Msafiri App accepts no responsibility for the use of the APP or for any orders that may be made by a third party from the Users, Merchants and/or Mandataries' account.

Responsibilities and Liability in Relation to Delivery Requested Through the APP

Msafiri App cannot be responsible for delivery times, as they will depend on the Merchants' own successful operations, the preparation of orders, the Mandataries themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery; therefore, the delivery times stated on the APP are provided for indicative purposes only. Further, Msafiri App will never be liable for the availability of Mandataries or for their adequate and satisfactory performance of assignments.

The Mandatary is exclusively responsible for the delivery and/or management of the goods without prejudice to the fact that, in the event of an incident, the User contacts the Mandatary and Msafiri App through the Msafiri App or other enabled channels in order to resort to a possible insurance policy.

Msafiri App shall also not be liable for any damage or deterioration of the goods. It is the User's responsibility to prove to the Mandatary and Msafiri App that the alleged damage or deterioration has actually occurred from the time the goods have been collected from the place of origin until they have been delivered to the User, in which case the User must contact the Mandatary and Msafiri App through the Msafiri App's or other enabled channels in order to resort to a possible insurance policy.

However, Msafiri App, as a platform that intermediates between User and Mandatary, may mediate as far as reasonably possible in the dispute that may arise between User and Mandatary during the delivery and/or management of goods through the Msafiri App.

In the event of a dispute, the User shall be responsible for informing Msafiri App and contacting the Mandatary to claim any compensation.

Furthermore, any claim relating to the delivery and/or management of the goods shall be brought exclusively against the Mandatary and not against Msafiri App.

27. Updates and Changes to the Msafiri App's

Msafiri App reserves the right to amend these General Terms, the Privacy Policy and the Cookie Policy at any time. Msafiri App will provide prior notice of those amendments when mandatory in accordance with the laws applicable.

In addition, Msafiri App reserves the right to update, amend or delete the information contained on its APP, at any time and without the need for prior notice unless mandatory as per the applicable law, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto.

28. 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.

29. Applicable Law

The relationship between Msafiri App and the User shall be governed and construed in accordance with the General Terms and the laws of the Kenya in which Msafiri App operates and any dispute shall be submitted to the courts of appropriate jurisdiction in Kenya registered seat in the relevant country, unless otherwise established by the applicable law.

30. Customer Support and Alternative Dispute Resolution

In order to facilitate communication with the Mandatary if necessary, and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Msafiri App makes available to Users through its Help Section in the APP an internal chat system allowing direct and immediate contact between the User and the Mandatary while the order is being carried out. If a User wishes to contact the Mandatary or Msafiri App after the order has been completed, he/she must use the Help Section available on the APP.

Further, Msafiri App will act as intermediary for the solution of any claims related to the order placed by the User, to the User's account and/or to any other policies and/or services provided via the APP. For this purpose, the User shall contact Msafiri App via the Help Section in the APP.

All the above is without prejudice to the Users' right to submit their complaints and/or requests through any legal means available to consumers, including any out–of-court/alternative dispute settlement bodies that legally provide dispute settlement services.