1.1 Account: The user account created on the Ubuntu Cab app for accessing transportation services.
1.2 Additional Fee: Any tolls, taxes, or other charges not included in the Fare but payable to third-party/government
authorities.
1.3 Applicable Laws: All applicable statutes, regulations, and legal requirements in Kenya.
1.4 Application: The Ubuntu Cab mobile application.
1.5 Cancellation Fee: The Fare and any applicable fees payable for canceling a service.
1.6 City of Operation: The geographic area where Ubuntu Cab provides transportation services.
1.7 Customer/You: A user with an Account on the Application.
1.8 Digital payments: Any payments made using Jambo Pay.
1.9 Driver: An independent contractor providing transportation services through the Ubuntu Cab app.
1.10 Fare: The cost of a service as calculated and displayed in the Application.
1.11 Force Majeure Event: Any event, delay in performance, failure to perform or failure to adequately perform any of its
obligations herein as consequence of any act, cause or event which was not within the control of Ubuntu Cab; or was
not caused or precipitated by the Ubuntu Cab’s negligence.
1.12 Service: A single instance of transportation provided by a Service Provider through the Ubuntu Cab application.
1.13 Services: The collective suite of transportation services offered by Ubuntu Cab through the Application.
1.14 Site: The Application and the website operated by Ubuntu Cab or any other software that enables the use of the
Application or such other URL as may be specifically provided by Ubuntu Cab.
1.15 Substitute Vehicle: An alternative vehicle provided in the event of a vehicle breakdown during a Service.
1.16 Total Ride Fee: The sum of the Fare, the Cancellation Fee and Additional Fee and taxes as may be applicable from time
to time.
1.17 T&Cs and User Terms: These terms and conditions.
1.18 Third Party Service Provider: A Driver and/or an operator associated with us offering the service of transporting
Customers within the City of Operation as requested by the Customer on the Application.
1.19 Vehicle: The motor vehicle used to provide transportation Services.
By using the Ubuntu Cab mobile application and transportation services ("Services"), you agree to these Terms. If you disagree, do not use the Services. Ubuntu Cab may change or modify these Terms, effective upon posting. Continued use of the Services indicates your acceptance of these changes. Ubuntu Cab collects and uses your data as outlined in its Privacy Policy, accessible within the application or on Ubuntu Cab’s website. Ubuntu Cab may share your data with insurers or claims processors to resolve disputes. You consent to receiving promotional communications from Ubuntu Cab. This document is an electronic record and does not require physical signatures. Clicking “I ACCEPT” confirms your agreement. Your agreement to these User Terms shall operate as a binding agreement between you and Ubuntu Cab in respect of the use and services of the site. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the intent of the original provision.
You will be “Eligible” to use the Services only when you fulfill all of the following conditions: You have attained at least Eighteen (18) years of age. You are competent to enter into a contract under the Applicable Laws. Minors under 18 must be accompanied by an adult. Child safety seats are the rider’s responsibility.
1. Pricing: All charges for services will be displayed before confirmation.
2. Refund Policy: Details of refundable and non-refundable scenarios.
3. Payment Modes: Acceptable methods for payments, such as digital wallets, credit cards, or cash.
You can register on the Site only after complying with the requirements of this Clause 4 and by entering Your Registration Data. You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you. You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable. Except for the Registration Data or any other data submitted by You during the use of any other service offered through Site (“Permitted Information”), Ubuntu Cab does not want You to, and You should not, send any confidential or proprietary information to Ubuntu Cab on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms You agree that any information or materials that You or individuals acting on Your behalf provide to Ubuntu Cab other than the Permitted Information will not be considered confidential or proprietary. It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device. We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorized use of Your Account please immediately reach Us. In case, you are unable to access Your Account, please inform Us and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 48 (forty eight) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event. We, Ubuntu Cab LLP assume no liability for personal belongings left behind in vehicles. Although our Third Party Service Providers will make reasonable efforts to aid in recovery, successful retrieval is not assured.
You are strictly prohibited from engaging in any fraudulent, abusive, or illegal activities, which encompass a wide range of behaviors. Fraudulent activities include, but are not limited to, actions intended to deceive or mislead, such as creating fake accounts, impersonating others, providing false information, engaging in phishing scams, manipulating system data, using stolen credit card information, committing insurance fraud, or running pyramid schemes. Abusive activities are defined as actions that cause harm, offense, or disruption, including harassment, threats, posting offensive content, spamming, distributing malware, attempting unauthorized access, DDoS attacks, excessive resource usage, or circumventing security measures. Illegal activities encompass any actions that violate applicable laws, such as copyright infringement, distribution of illegal content, participation in illegal gambling or drug trafficking, money laundering, violation of privacy laws, defamation, and any other activity that contravenes local, state, national, or international law. This list is not exhaustive, and Ubuntu Cab reserves the right to determine whether any user conduct violates these prohibited activities, with violations potentially resulting in account suspension or termination. Prohibited: Weapons, open alcohol, or illegal substances in Vehicles.
You are solely responsible for any content you post, upload, or otherwise transmit through the Application (“User Content”). You represent and warrant that you own or have the necessary rights to use and authorize Ubuntu Cab to use all User Content. You agree not to post any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. Ubuntu Cab reserves the right to remove any content that violates these Terms or that it deems inappropriate. You agree to conduct yourself in a respectful and lawful manner while using the Services. Any violation of these conduct rules or any misbehavior towards a Driver may result in fines or termination of your Ubuntu Cab account.
The Services provide a technology platform connecting users with independent Drivers for transportation services. You acknowledge that portions of the Services may be made available under Ubuntu Cab’s various brands or request options associated with transportation or logistics, including the transportation request brands currently referred to as “Ubuntu Cab,” “Ubuntu Cab Lite” “Ubuntu Cab Pro,” “Ubuntu Cab Elite,” “Ubuntu Cab Care,” “Ubuntu Cab XL” and “Ubuntu Cab Boda”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Ubuntu Cab’s subsidiaries and affiliates; or (ii) independent Third Party Service Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses. Ubuntu Cab does not provide transportation services directly and is not a transportation carrier. All services are provided by independent contractors. The Driver has sole and complete discretion to accept or reject each request for Service. If the Driver accepts a request, Ubuntu Cab notifies you and provides information regarding the Driver - including Driver name, Vehicle license number, telephone contact details of the Driver and such other details as Ubuntu Cab may determine. Ubuntu Cab shall procure reasonable efforts to bring you into contact with a Driver, subject to the availability of Driver in or around your location at the moment of your request for such services. Subject to these Terms, Ubuntu Cab grants you a limited, non-exclusive, revocable, non-transferable license to: Access and use the Application for personal, non-commercial transportation purposes. You may not: Remove proprietary notices. Reproduce, modify, distribute, or exploit the Services, except as permitted. Decompile, reverse engineer, or disassemble the Services, except as permitted by law. Link to, mirror, or frame any portion of the Services. Use data mining tools or burden the Services. Attempt unauthorized access to the Services. Ubuntu Cab retains all rights to its Services, including trademarks and logos. By using the Application or the Service, You further agree that: You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; You will not use an account that is subject to any rights of a person other than You without appropriate authorization; You will not use the Service or Site for unlawful purposes; You will not try to harm the Service, Site or our network in any way whatsoever; You will provide Ubuntu Cab with such information and documents which Ubuntu Cab may reasonably request; You will only use an authorized network to avail the Service; You are aware that when requesting Services, whether by message, via Site or calling the call center of Ubuntu Cab, standard messaging charges, data charges, voice charges, as applicable, of Your and Our phone network service providers, will apply. Ubuntu Cab reserves the right to immediately terminate the Service and the use of the Application in the event of noncompliance with any of the above requirements. Further, Ubuntu Cab will store the information provided by you or record your calls for contacting you for all Service related matters. You shall promptly inform Ubuntu Cab on any change in the information provided by you. Ubuntu Cab or an authorized representative of Ubuntu Cab shall provide information regarding services, discounts and promotions provided by Ubuntu Cab to You by way of an SMS or WhatsApp message or email to your registered mobile number/registered email ID. Ubuntu Cab WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE. You agree to grant Ubuntu Cab a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT UBUNTU CAB TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES. You agree and permit Ubuntu Cab to share any information provided by you with third parties in order to facilitate provision of certain valueadded services offered by such third parties to you and/or to provide certain value-added services to you by Ubuntu Cab. You hereby expressly consent to receive communications from Ubuntu Cab/ third parties offering value-added services to you through your registered phone number and/or e-mail id and/or the Site. You agree that You will not hold Ubuntu Cab responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry. In the event of breakdown of the Vehicle, which is beyond repair, before completion of the Ride, Ubuntu Cab on a best effort basis and at its sole discretion may arrange for a Substitute Vehicle for completion of Your Ride to Your destination. However, the arrangement of Substitute Vehicle shall be subject to its availability. You acknowledge and agree that Substitute Vehicle may not be necessarily of the same type as the original Vehicle booked by you from the Site. Ubuntu Cab bears no responsibility and liability for delays and losses suffered by you or caused to you as a consequence of the breakdown of the Vehicle.
Ubuntu Cab shall, upon receiving the booking request from you, proceed to confirm or decline the booking based on the availability of Vehicles at the pickup time, which shall be informed to you vide an SMS or email. In the event the booking is confirmed, you shall check the booking details including but not limited to pick up time and pick up place, and if there is incorrect detail, the same needs to be informed to us immediately by calling our call center. You shall bear the consequences and damages for any delay that may be caused to you due to your failure to check the confirmation SMS or email or failure to inform Ubuntu Cab of the incorrect details immediately.
Ubuntu Cab may charge Fare for the Service which shall be determined and amended at the sole and absolute discretion of
Ubuntu Cab. The Fare shall be payable by you to Ubuntu Cab and shall be informed to you before you begin your service. Fare
may increase during peak demand, special events, or adverse weather. Updated rates will be displayed prior to ride confirmation.
The Third Party Service Provider shall charge Fare to you for the Service offered to you by the Third Party Service Provider. You
shall be required to pay such Additional Fee, which will form part of the receipt of the Total Service Fee. You shall be required to
pay such Cancellation Fee in terms of Clause 8, which will form part of the receipt of the Total Service Fee. In addition to the Total
Service Fee, You may be required to pay such other charges incurred by you during the Service in cash i.e. Additional Fee, which
are not included in the receipt of the Total Service Fee. The Total Service Fee will be collected by the Driver or Ubuntu Cab from
you at the end of the Service. Ubuntu Cab shall provide a receipt of the Total Service Fee payable by You at the end of the Service,
however, separate invoices raised by the Third Party Service Providers for the Fare and additional Fee, and the Convenience Fee
or Access Fee raised by Ubuntu Cab shall be provided to you on request. Third Party Service Providers’ commissions will be
processed via Jambo Pay and Include that all Third Party Service Providers need to have a in-wallet account You may raise a
request for a copy of the invoices from our Support email. In case of any taxes, all applicable taxes in respect of the Fare,
Convenience Fee, Additional Fee, and Cancellation Fee shall be borne and payable by you to the Third Party Service Providers or
Ubuntu Cab, as the case may be.
Promotional credits or referrals are subject to terms outlined in the Ubuntu Cab App. We reserves the right to revoke offers for
fraud or misuse.
You shall choose to pay for the Service Fee by any of the following four methods: Cash Payment: Payment in cash directly to the Driver upon completion of the Service; In-App Digital Payment (Driver): Payment via Jambo Pay processed through the Ubuntu Cab application and transferred to the Driver's account; In-App Digital Payment (Ubuntu Cab): Payment via a digital method (e.g., credit card, debit card, mobile wallet) processed through the Ubuntu Cab application and transferred to Ubuntu Cab's account; or Prepaid Digital Wallet/Credits (Ubuntu Cab): Payment using a prepaid digital wallet or credits purchased within the Ubuntu Cab application, which is then used to pay for the service.
You agree and acknowledge that you may cancel your request for a Vehicle from a Driver at any point of time subject to a Cancellation Fee as explained below: No fee if canceled within 2 minutes of booking. Full Fare charged after 5 minutes or if the Driver waits over 5 minutes. You shall be notified of the applicable Cancellation Fee in advance whenever you attempt to cancel a booking/service request. The notification shall be on the Application. Ubuntu Cab shall provide a receipt of the Cancellation Fee, if any, payable by you for every cancellation in terms of the table above for such cancellations, however, separate invoices raised by the Third Party Service Providers for the Cancellation Fee, and Ubuntu Cab for the Convenience Fee on cancellations shall be provided to you on request. You may raise a request for a copy of the invoices from us at any time. The Cancellation Fee shall be payable by you at the completion of your subsequent Service.
All issues, opinions, suggestions, questions and feedback while availing our Services shall be communicated to us through email address. In case of a Service booked on our Application, You shall be required to rate the Service after its termination. You agree to be fair, accurate and non-disparaging while leaving comment, feedbacks, testimonials or reviews on or about the Services or Services. Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed. Any issue reported on channels other than the above may be addressed by Ubuntu Cab only on a best-effort basis. Ubuntu Cab takes no liability for inability to get back on other channels. Ubuntu Cab shall endeavour to respond to your issues within two (2) working days of your reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain may be resolved earlier than the other. However, Ubuntu Cab shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
By accepting these User Terms and on pressing the SOS button on the Ubuntu Cab App, You consent to Ubuntu Cab using its best endeavours to provide You with assistance during a safety incident, emergencies or distress or third party security service providers to assist you and/or deploy response teams to your location. Our Third Party Service Providers undergo mandatory criminal background checks and vehicle inspections. You may share real-time trip details with emergency contacts via the Ubuntu Cab App. Under this clause, you give your express consent to permit Ubuntu Cab to undertake the above along with any ancillary actions that may be required to facilitate an effective emergency response. Ubuntu Cab will not be liable for any deficiency of service, provided to you under this clause on a best efforts basis, and this clause does not, in any manner, restrain you from seeking any other form of assistance from any other party.
You shall not smoke and drink in the Vehicles or misbehave with the Driver or distract the Driver or act in violation of Applicable Law. In the event you are found to be involved in the activities set out above, you shall be liable to pay a fine to us and we shall also have the right to terminate the Service. In the event you fail to pay fine after the completion of the Service, we may at our discretion, take such steps as may be available to us under the Applicable Law. You shall also be blacklisted as a result of nonpayment of the fine or misbehaving as the case may be, and in such event, Your Account may be terminated by Ubuntu Cab.
Ubuntu Cab collects personal data from you to enhance your experience and provide you with the services you request. This data includes your name, email address, phone number, location data, payment information, and device identifiers. Ubuntu Cab LLP complies with Kenya’s Data Protection Act (2019). Users may request data access, correction, or deletion by contacting info@ubuntucab.com or support@ubuntucab.com. We gather this information to process your ride requests, personalize your in-app experience, communicate with you about updates and promotions, improve our navigation and safety features, and comply with legal obligations. Ubuntu Cab is committed to being transparent about the data we collect and why it's necessary.
Ubuntu Cab understands the importance of protecting your data. We store your information securely on encrypted servers and use industry-standard security protocols to prevent unauthorized access. We may share your data with trusted partners only when necessary to facilitate ride dispatch, process payments, provide customer support, or conduct analytics to improve our services. Ubuntu Cab implements robust security measures including data encryption, access controls, and regular security audits to safeguard your personal information and ensure its confidentiality. We will not sell your personal data to third-party advertisers.
To provide you with the best possible service, Ubuntu Cab may utilize third-party services. This means that certain aspects of our services, such as payment processing through Jambo Pay, mapping and navigation through Google Maps, and customer support through info@ubuntucab.com or support@ubuntucab.com are handled by trusted third-party providers. We carefully select these partners and ensure they adhere to strict data protection standards, including compliance with Applicable Laws. Ubuntu Cab will always disclose when third parties are involved in providing services to you, and provide links to their respective privacy policies within our application or website.
Ubuntu Cab shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues. By accepting these User Terms and using the Service, You agree that You shall defend, indemnify and hold Ubuntu Cab, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including lawyers' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including the Third Party Service Providers or (c) Your use or misuse of the Application or Service.
Subject to your compliance with these Terms, Ubuntu Cab grants you a limited, non-exclusive, revocable, non-transferable license to download and use the Application on your personal device or by WhatsApp messenger for the purpose of accessing and using the Services. You agree not to: (a) license, sublicense, sell, resell, transfer, assign, distribute, or commercially exploit the Application or Services; (b) modify or create derivative works based on the Application or Services; (c) reverse engineer or attempt to access the source code of the Application; (d) use any automated system or software to extract data from the Application; (e) introduce any viruses, worms, or other harmful code into the Application or Services; (f) interfere with or disrupt the integrity or performance of the Application or Services; or (g) attempt to gain unauthorized access to any part of the Application or Services. Ubuntu Cab reserves the right to terminate your license and access to the Application and Services for any violation of these restrictions.
Ubuntu Cab owns all right, title, and interest in and to the Application, Services, and all related intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets. You acknowledge that you do not acquire any ownership rights by using the Application or Services. Any feedback, comments, or suggestions you provide to Ubuntu Cab regarding the Application or Services may be used by Ubuntu Cab without any obligation to you.
Either party may terminate this Agreement at any time, with or without cause. Ubuntu Cab may suspend or terminate your access to the Application and Services if you violate these Terms, engage in fraudulent activity, or otherwise pose a risk to Ubuntu Cab or its users. Accounts may be suspended for fraud, safety violations, harassment, or breach of these Terms. Upon termination, you must cease all use of the Application and Services.
Any dispute, claim or Controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application, the relationship between you and Ubuntu Cab shall be governed by the laws of the Republic of Kenya. Disputes governed by Kenyan law and resolved exclusively in Nairobi courts.
Ubuntu Cab provides a technology platform that connects Customers with independent Drivers. Ubuntu Cab expressly disclaims any responsibility for transportation services, which are provided exclusively by independent Drivers. Drivers are not employees or agents of Ubuntu Cab; they operate as independent contractors. Ubuntu Cab provides no endorsement, recommendation, or guarantee regarding Driver services or user conduct. Specifically, Ubuntu Cab is not liable for Driver conduct, including but not limited to, traffic violations, accidents, or misconduct. Drivers are solely responsible for their actions.