Terms of Service

Welcome to Nuru Express. These Terms of Service ("Terms") govern your use of the Nuru Express platform, mobile application, and services (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.

If you are using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity.

2. Eligibility

To use our Services, you must be at least 18 years old and capable of forming a binding contract. If you are using the Services on behalf of a business, the business must be legally registered and in good standing under the laws of the jurisdiction in which it is organized.

3. Account Registration and Security

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we suspect fraudulent or abusive activity.

4. User Types and Specific Terms

4.1 Customers

As a customer using our Services to order goods or request deliveries, you agree to:

Provide accurate and complete information for delivery and payment.
Pay all fees and charges associated with your orders or service requests.
Not use our Services for any illegal, fraudulent, or unauthorized purpose, including ordering prohibited items.
Accept responsibility for all orders placed and transactions conducted through your account.

4.2 Merchants

As a merchant using our Services to sell goods or services, you agree to:

Provide accurate and complete information about your business, products, and services.
Comply with all applicable laws and regulations, including those related to product safety, labeling, pricing, and consumer protection.
Fulfill all orders promptly and professionally, ensuring products are properly packaged and ready for delivery.
Maintain accurate inventory information and promptly notify customers of any issues with their orders.
Pay all applicable fees, commissions, and charges associated with using our platform.
Not sell prohibited items, including illegal goods, counterfeit products, or items that violate intellectual property rights.

4.3 Transport Providers

As a transport provider using our Services to deliver goods, you agree to:

Provide accurate and complete information about your transportation services.
Comply with all applicable laws and regulations, including those related to transportation, licensing, insurance, and safety.
Maintain all necessary licenses, permits, and insurance required to provide transportation services.
Handle all parcels and deliveries with care, ensuring they are delivered safely and on time.
Verify the identity of recipients before releasing parcels.
Pay all applicable fees and charges associated with using our platform.

5. Service Usage and Restrictions

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

Use our Services in any way that violates any applicable law or regulation.
Use our Services to transmit or facilitate the transmission of any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
Use any robot, spider, or other automated device, process, or means to access the Services for any purpose.
Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material to the Services.
Interfere with or disrupt the Services or servers or networks connected to the Services.
Impersonate or attempt to impersonate Nuru Express, a Nuru Express employee, another user, or any other person or entity.

6. Payments and Fees

By using our Services, you agree to pay all applicable fees and charges as described on our platform. Fees may vary based on your user type, the services you use, and your location.

6.1 Customer Payments

As a customer, you agree to pay all fees for products ordered and services requested through our platform, including product costs, delivery fees, service fees, and applicable taxes.

6.2 Merchant Fees

As a merchant, you agree to pay all applicable fees, including platform fees, commission on sales, subscription fees, and payment processing fees as outlined in your merchant agreement.

6.3 Transport Provider Fees

As a transport provider, you agree to pay all applicable fees, including platform fees, commission on deliveries, and any other fees outlined in your transport provider agreement.

6.4 Payment Processing

We use third-party payment processors to process payments. By using our Services, you agree to comply with the terms and conditions of these payment processors.

6.5 Refunds and Cancellations

Refund and cancellation policies may vary based on the type of service and are described on our platform. We reserve the right to issue refunds or credits at our discretion.

7. Intellectual Property Rights

The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, are owned by Nuru Express, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services or any content, features, or functionality thereof. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

7.1 Trademarks

The Nuru Express name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Nuru Express or its affiliates or licensors. You may not use such marks without the prior written permission of Nuru Express.

7.2 User Content

By posting, uploading, or otherwise making available any content on or through our Services, you grant Nuru Express a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit such content in connection with the Services.

You represent and warrant that you own or have the necessary rights to grant the license set forth in this section, and that your content does not violate the privacy rights, publicity rights, copyright rights, contract rights, or any other rights of any person or entity.

8. Disclaimers and Limitations of Liability

8.1 Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NURU EXPRESS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NURU EXPRESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES.

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NURU EXPRESS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
ANY CONTENT OBTAINED FROM THE SERVICES; AND
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NURU EXPRESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Indemnification

You agree to defend, indemnify, and hold harmless Nuru Express, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 violation of these Terms or your use of the Services.

10. Dispute Resolution

10.1 Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Kenya, without giving effect to any choice or conflict of law provision or rule.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through the following steps:

Informal Resolution: We encourage you to contact us first to seek an informal resolution to any dispute.
Mediation: If informal resolution is unsuccessful, the parties agree to attempt to resolve the dispute through mediation conducted by a mutually agreed upon mediator.
Arbitration: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration conducted in accordance with the rules of the Nairobi Centre for International Arbitration.

10.3 Class Action Waiver

YOU AND NURU EXPRESS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

11. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. General Provisions

13.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Nuru Express concerning the Services.

13.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Nuru Express's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

13.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Nuru Express's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Nuru Express may assign or transfer these Terms, at its sole discretion, without restriction.

13.5 Notices

Any notices or other communications provided by Nuru Express under these Terms will be given by posting to the Services or by email to the email address you provide during registration.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Nuru Express
123 Business Park, Floor 4
Nairobi, Kenya
Email: legal@nuruexpress.co.ke
Phone: +254 793 805 515