NuruExpress Limited Terms and Conditions

This electronic record is generated by a computer system and does not require any physical or digital signatures.

By continuing usage of the Application, You are consenting to be bound by these T&Cs for use and access of the Application.

Introduction

These Terms and Conditions are a legal agreement between you and NuruExpress Limited ("NuruExpress," "we," "us"), the operator of the NuruExpress mobile applications and website (collectively, the "Platform"). Please ensure that you read and understand these Terms carefully before using our Platform. By accessing or using our Platform, you agree to be bound by these Terms and Conditions. If you disagree, do not access or use the Platform.

Services

NuruExpress provides a technology platform to enable users to arrange delivery and logistics services with independent third-party transportation and logistics providers (each a “Service Provider”). We only provide delivery, transportation, or logistics services. Our role is limited to facilitating your booking and payment for Services provided by Service Providers that you select. Service Providers/ merchants are independent contractors and not employees or agents of NuruExpress.

Eligibility to Use Platform

You must be at least 18 years old and can form legally binding contracts under applicable law to access or use our Platform or Services. By accessing or using the Platform, you represent and warrant that you are at least 18 years of age and able to form legally binding contracts. If you do not meet these requirements, you must not access or use the Platform.

Registration and Your Account

To use certain features, you may be required to register for an account. When creating an account, you agree to:

Provide accurate, current, and complete information as prompted by our registration form, and Maintain and promptly update any account information provided to keep it accurate, current, and complete. You are entirely responsible for safeguarding and maintaining the confidentiality of your login credentials and any activities that occur under your account. You agree to notify us immediately if you believe the confidentiality of your account has been compromised. We are not liable for any loss or damages from your failure to protect your login information or promptly notify us of unauthorized use.

Booking Services through the Platform

Our Platform allows you to request delivery and logistics services that will be fulfilled (each delivery/service is a "Booking"). To make a Booking, you must:

Provide necessary details such as the pickup location, drop off location, and mode of delivery/service required; Agree to applicable fees and charges quoted; and Agree to applicable Service Provider terms, conditions, and policies. We will connect your request to the available rider. Service Providers/ riders may choose whether to accept or decline any Booking request at their sole discretion. We do not guarantee that your request will be accepted. Service Providers are solely responsible for fulfilling accepted Bookings and providing associated services.

Fees and Payment Processing

The fees charged for Services are set by NuruExpress. When confirming a Booking, the applicable fees and charges will be clearly disclosed to you prior to you confirming the Booking.

As a convenience feature, NuruExpress or its financial partners may collect payment and facilitate remittance to Service Providers on your behalf. However, the pricing, fees, and availability of Services are determined solely by the Service Provider. We will not be liable for any pricing or billing errors made by Service Providers using our payment processing features.

Any payment processed through our Platform is final and non-refundable unless required by applicable law. We do not offer credits, cash refunds, or account credit in connection with Services arranged via our Platform. You may have additional refund or cancellation rights through the applicable consumer protection agencies. We are not liable for decisions of third-party financial institutions in processing transactions initiated through the Platform.

No Emergency, Sensitive, or Time-Critical Services

Our Platform is intended only for deliveries and logistics services. Service Providers may experience delays or business closures outside of their control. We do not guarantee specific delivery times or service levels. You should not use or attempt to use our Platform to arrange emergency, time-sensitive, mission-critical, or safety-related services. We expressly disclaim any liability arising from your use of the Platform or Services arranged via the Platform for sensitive or emergency needs.

Your Use of the Platform

You agree not to misuse the Platform or assist others in doing so. For example, you will not: Attempt to interfere with or disrupt the proper working of the Platform or the servers or networks connected to the Platform; Attempt to bypass measures used to prevent or restrict access to the Platform, including robot exclusion headers or other measures used to prevent or regulate access to the Platform or use of specific features or data made available via the Platform; Use any data mining, spiders, robots, or similar data gathering, extraction, or indexing tools on the Platform; Post or transmit any file that may damage or disrupt the Platform or infrastructure, including files containing viruses, trojan horses, worms, or similar programming; Attempt to decipher, decompile, reverse-engineer, or otherwise attempt to derive source code or underlying ideas or information from the Platform. Intellectual Property Rights

The Platform and all content and other materials therein ("NuruExpress Content") including but not limited to text, images, web pages, logos, icons, and software is the property of NuruExpress or its content suppliers and protected by applicable intellectual property laws. Your use of the Platform grants no rights to you concerning any NuruExpress Content or third-party content made accessible via the Platform.

Termination

We reserve the right to terminate your access to the Platform at any time without notice if: You breach any provision of these Terms; We reasonably suspect fraud or misuse of the Platform; As required under applicable laws, legal processes, or government requests; or We decide in our sole discretion to cease operating the Platform. You may terminate your account and stop using the Platform at any time.

Contacting One Another

If NuruExpress needs to contact you, we may do so by email to your registered email address or by posting a notice on the Platform. You agree to accept communications from us electronically via these methods. You can contact us at [our email address and contact number]. Please include your full name, contact information, and details of your issue or request in any communication you send us. We endeavor to respond promptly to properly submitted inquiries but make no guarantee of response time. Our responses do not constitute legal or expert advice upon which you should rely.

Disclaimer; Limitation of Liability

The Platform and Services are provided on an "as is" and "as available" basis without warranties of any kind including fitness for a particular purpose. We expressly disclaim liability for actions or omissions of Service Providers accessed via the Platform.

To the maximum extent permitted by law, NuruExpress shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from your use of the Platform or Services arranged via the Platform, whether arising in contract, tort, strict liability or otherwise, even if informed of the possibility of such damages in advance.

Indemnity

You agree to fully defend, indemnify, and hold harmless NuruExpress and our officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your use of the Platform or Services arranged via the Platform; Your violation of these Terms; Your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property, or privacy right;

Any disputes or issues between you and any Service Provider or third party accessed via the Platform. This defense and indemnification obligation will survive termination of these Terms and your use of the Platform or Services.

Changes to these Terms We may make changes to these Terms from time to time as reasonably required to comply with applicable laws or address improvements and enhancements to the Platform. Updated Terms will be posted on the Platform with an updated effective date. By continuing to access or use the Platform after the updated Terms are effective, you agree to accept and be bound by the updated Terms. If you disagree, you must stop accessing and using the Platform.

General Terms

If any provision of these Terms is found invalid or unenforceable by a court of law, the remaining Terms will remain valid and enforceable as written.

These Terms constitute the entire agreement between you and NuruExpress relating to your use of the Platform and Services.

No failure to exercise or waiver of rights by NuruExpress shall constitute a subsequent waiver of such rights.

These Terms and any dispute or claim you have relating to the Platform or Services shall be governed in all respects by the laws of Kenya. You agree any legal proceedings shall be conducted exclusively in the courts of Kenya.

Contact Us

If you have any questions about these Terms or our Platform, please contact us at info@nuruexpress.co.ke