Your use of the MaLorry platform constitutes your consent to this agreement.
This Agreement is between You and Truckers Trading Arm Limited. (Hereinafter referred to as “Company” or “We” or “Us”) concerning your use of and access to MaLorry platform and the platform website currently located at www.malorry.co.ke and the company’s mobile applications (together with any materials and services available therein, collectively the “MaLorry Platform” or interchangeably referred to as “Platform”). This agreement hereby incorporates by this reference any additional terms and conditions posted by the company through the Platform, or otherwise made available to you by the Company. By using the Platform, you affirm that you are of legal age to enter into this agreement. If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to this agreement. References to “you” and “your” in this agreement will refer to both the individual using the Platform and to any such organization. Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know what the issue is by emailing at [email protected]. These Terms apply to all visitors, users and others who wish to access or use our Service.
We may make changes to this Agreement through amendments from time to time by notifying you of such changes by any reasonable means. Your use of the Platform following any changes to this Agreement will constitute your acceptance of such changes. The last update information indicating when this Agreement was last changed is at the top of the first page of this agreement. We may, at any time and without liability, change or discontinue all or part of the Platform (including access to the Platform via any third-party links); charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all Platform users.
Your submission of information through the Platform, including through the registration process described in Section 6 below, is governed by Company’s Privacy Policy, located at www.malorry.co.ke/privacyPolicy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed. If you choose to make any of your personally identifiable or other information publicly available through the Platform, you do so entirely at your own risk.
MaLorry Platform is controlled from the Republic of Kenya, and is not intended to subject Company to any non-Kenyan jurisdiction or law. Any use of MaLorry Platform is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit availability of the Platform at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. Rules of Conduct In connection with use of the Platform, you must not: 4.1. Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner. 4.2. Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. 4.3. Use the Platform for any commercial purpose that is not relevant to the Services offered through the Platform, or for any purpose that is fraudulent or otherwise tortious or unlawful. 4.4. Use the Platform in violation of this Agreement. 4.5. Harvest or collect information about users of the Platform. 4.6. Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform; or violate any requirement, procedure or policy of such servers or networks. 4.7. Restrict or inhibit any other person from using the Platform. 4.8. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without Company’s express prior written consent. 4.9. Reverse engineer, decompile or disassemble any portion of the Platform, except where such restriction is expressly prohibited by applicable law. 4.10. Remove any copyright, trademark or other proprietary rights notice from the Platform. 4.11. Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent. 4.12. Systematically download and store Platform content. 4.13. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Platform content, or reproduce or circumvent the navigational structure or presentation of the Platform, without Company’s express prior written consent. Notwithstanding the foregoing, Company grants to the operators of public search engines permission to use spiders to copy materials from the Company’s website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
The MaLorry Platform is a web and mobile application-based communications platform that enables the connection between Customers and Service Providers. “Customers” are individuals and/or businesses, who have registered with the Platform, seeking to obtain transport, construction and agricultural products and related services from Service Providers. “Service Providers” are individuals and/or businesses, who have registered with the Platform, seeking to perform Services for Customers. Customers and Service Providers are collectively referred to in this Agreement as “Users.” Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. If you agree on the terms for the performance of Services with another User, you and such other User form a Service Agreement directly between one another. Service providers are independent service providers and not employees of company. Company does not perform services and does not employ individuals to perform services. Users hereby acknowledge that company does not supervise, direct, control or monitor a service provider’s work and is not responsible for the work performed or the services in any manner. The Platform only enables connections between Users for the performance of Services. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Customers, nor to the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested or provided by Users identified through the Platform, whether in public, private, or offline interactions. Company makes no warranties of any kind, whether express or implied, with respect to any services or any use thereof. Company hereby expressly disclaims all such warranties, including any implied warranties of merchantability and fitness for a particular purpose and any warranties arising out of course of performance, course of dealing or usage of trade. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Platform.
When and if you register with the Platform, you agree to: (a) Provide accurate, current and complete information about yourself as prompted by our registration form (b) Maintain and update your information (including your contact details) to keep it accurate, current and complete. (c) Acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Platform. (d) Accept as part of the registration process, to upload your identification documents, copies of qualification documents, among others and select a username and password and to provide a valid mobile phone number. Please note that we may refuse to grant you a User account if the mobile phone number you provide is already registered to another User account, or if your selected username impersonates someone else, is or may be protected by trademark or other proprietary rights law, or otherwise offensive or may cause confusion, as determined by us in our sole discretion. (e) Agree not to transfer or resell your use of or access to the Platform to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account. (f) By providing your mobile phone number and using the Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to (1) Perform and improve upon the Platform, (2) Facilitate the carrying out of Services through the Platform, including tracking your location (3) Provide you with information and reminders regarding your registration, upcoming Services, changes and updates, service outages or alterations. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless provider may apply. You may opt-out of receiving text messages from Company by replying, “STOP” to unsubscribe or by emailing [email protected] and specifying you want to opt-out of text message or phone call communications from Company. You understand that we may send you a text confirming any opt-out by you. You acknowledge that opting out of text messages may impact your ability to use certain features of the Platform.
Subject to any limitations set forth in this Agreement, creation of a User account enables Users to access the following features of the MaLorry Platform: Creation of a MaLorry Digital Wallet including payment for goods and services and receiving of payments for supplies made Making of orders for goods and services from service providers. This may include a service to track the supplier for your order Offering for sale, goods and services to customers. Access to primary suppliers of goods and services Advance price estimates for requested Services prior to selecting a Service Provider. Booking of Services and Customer commitment of funds from Customer’s MaLorry Digital Wallet Customer payment for performance of Services and Service Provider receipt of payment for performance of Services through the MaLorry Digital Wallet
In Company’s sole discretion, Users may be subject to an extensive vetting process which may include background checks through and from third parties. Although Company may perform background checks of Users as part of the vetting process outlined above, Company is not required to do so and cannot confirm that each User is who they claim to be. Users hereby give consent to Company to conduct background checks as often as required in compliance with applicable laws. You acknowledge and accept that Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Platform Consequently, when interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons you do not know. Neither company nor its affiliates or licensors is responsible for the conduct of any user, whether online or offline, of the Platform, and you hereby release company and its affiliates or licensors from any liability related thereto. Company and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the Platform or your performance or receipt of services.
Each User represents and warrants that you will: (i) respect the privacy, property, and data protection rights of other Users and that you will not record (by video, audio, or otherwise) any Services or any interaction by or with any User and/or Company in connection with the Platform without the prior written consent of the applicable User; (ii) fulfill the commitments you make to other Users including paying/ receiving payment through the MaLorry Digital Wallet, communicating clearly and promptly through the Platform, being present and/or available at the time and location you agree upon with your Customer or Service Provider, as applicable, and only utilizing the third-party payment processing system specified or approved by Company to make or receive payments for Services; and (iii) act professionally and responsibly in your interactions with other Users. (iv) each Service Provider represents and warrants that you will: a. provide timely, high quality Services to your Customer; b. only offer and provide Services for which you have the necessary skills and expertise; c. provide the Services safely and in accordance with any applicable laws and regulations, and d. to the extent applicable, maintain any professional license and/or certifications necessary to provide Services; and; (v) each Customer represents and warrants that you will: a. use the Platform to request and book Services solely with respect to a location where Customer is legally authorized to have the Services performed; b. treat Service Providers courteously and lawfully
You acknowledge and agree that a contract (the “Service Agreement”) is formed when a provider accepts to deliver a customer’s order at the price equal to the advanced payment made by the customer and advertised to providers on the MaLorry application. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Service Provider. The Service Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of Workers, if any, and for all required tax withholdings as to the Service Provider and all persons engaged by the Service Provider in the performance of the Services.
Users of the Platform contract for Services directly with other users. Company is not a party to any contracts for Services. Payment for Services through the Platform is made directly from the Customer to the Service Provider and not by Company. Company solely makes available the ability to pay or receive payment through the Platform via the “MaLorry Digital Wallet”. If you wish to create and use the MaLorry Digital Wallet, you may be asked to supply certain relevant information, such as your bank account details. You represent and warrant that you have the right to use any bank account and credit/debit card that you submit in connection with the MaLorry Digital Wallet. By submitting such information, you grant to us the right to provide such information to third parties (including third party payment processors) for purposes of facilitating payment for Services through the MaLorry Digital Wallet. Verification of information may be required prior to the acknowledgment or completion of any payment for Services through the MaLorry Digital Wallet. For the avoidance of doubt, MaLorry will not store any such information on the Platform. Your use of the MaLorry Digital Wallet may be subject to usage fees in accordance with applicable law and Company rules. Users are responsible for any taxes required to be paid on the Services (other than taxes on MaLorry’s income). Funds (via credit card, debit card, bank account, or mobile account) sufficient to pay for any order must be transferred to a MaLorry suspense account before sourcing of a provider for Services; following which funds shall be transferred to the provider’s MaLorry Digital Wallet promptly following completing of the delivery. A user will signify acceptance of completion of delivery by the provider via a random code provided at the time of acceptance of the order by the provider. Goods ordered outside of the platform are not covered under these terms, whether or not, the provider is registered as a provider of goods and services on the Platform.
Users may make available certain information, materials and images, including reviews and ratings of specific Users through or in connection with the Platform, including on user account pages or on the Platform’s interactive services, such as message boards and other forums, and chatting, commenting, rating and other messaging functionality. Company has no control over and is not responsible for any Submissions or any use or misuse (including any distribution) by any third party of Submissions. Company encourages each User to provide objective, constructive and honest feedback about the other Users with whom they have transacted; however you understand and agree that Company is not liable for Submissions.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials). In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Platform or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Platform, or analyze your access to or use of the Platform. We may disclose information regarding your access to and use of the Platform, and the circumstances of such access and use, to anyone for any reason or purpose.
The Platform mobile application is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Platform mobile application, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sub-licensable basis, to install and use the Platform mobile application on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Platform mobile application and remove (that is, uninstall and delete) the Platform mobile application from your mobile device. In addition, subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Platform website, you may view the Platform website to which we provide you access under this Agreement, solely for your personal, non-commercial use.
We and our suppliers own the Platform, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include MaLorry and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the MaLorry Platform should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
Certain Platform functionality may make available access to information, products, services and other materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
To the fullest extent permitted under applicable law: (a) the MaLorry Platform and any Third Party Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Company disclaims all warranties with respect to the Platform and any Products and Third Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns. While we try to maintain the timeliness, integrity and security of the Platform, we do not guarantee that the Platform is or will remain updated, complete, correct or secure, or that access to the Platform will be uninterrupted. The Platform may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Platform. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Platform.
To the fullest extent permitted under applicable law: (a) Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use of data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Platform or from any Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Platform or any Products or Third Party Materials is to stop using the Platform; and all limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Company and the Affiliated Entities, and their respective successors and assigns.
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including lawyers’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Platform (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. Company may terminate or suspend your use of the Platform at any time and without prior notice, for any or no reason, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Platform will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials; provided that, to the extent you are owed money for Services performed or owe money for Services provided to you, your right to receive or obligation to pay any such amounts shall not be extinguished by any such termination or suspension and MaLorry shall have the right (but not the obligation) to keep your MaLorry Digital Wallet active until all such payments are made.
The terms of this Agreement are governed by the laws of Kenya, without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge and you agree that Company and you are each waiving the right to trial by a court of law. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of state or local agencies and, if the law allows, they can seek relief against us for you.
If you have a question or complaint regarding the Platform, please send an email to [email protected]. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisorfranchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Platform or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.