Terms and Conditions

Last updated: July 12th, 2017

The Konnector offers its services under the following Terms of use (hereafter collectively referred to as the “Agreement”) that constitute a legal agreement between you and The Konnector Limited, a Kenyan corporation or the appropriate entity (the “Company”). You should read them carefully and use The Konnector services only if you agree and consent to the agreement. By using the software, you agree to be legally bound by the agreement and the privacy statement set forth herein just as if you had signed them. These Terms expressly supersede prior agreements or arrangements with you. The Konnector 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. We are constantly looking for ways to improve and expand The Konnector. We may amend these terms from time to time. The amended terms shall be effective upon posting of 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 and acceptance of the amendments. The updated Terms and Conditions are always available here (at the-Konnector.com/terms). These terms and conditions, apply to all our services directly or indirectly and made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website, our mobile application or any of our applications through whatever platform (hereafter collectively referred to as the “Software”) and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement). If you do not agree to these terms and conditions including our privacy statement and you are not willing to be bound by them, do not install our application and/or promptly erase it and any part thereof, from your mobile phone or computer and do not use it in any manner whatsoever. The Software is owned, operated and provided by The Konnector Limited and it is provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Definitions and interpretation
  1. “we”, “us”, “our” and “Company” refers to The Konnector Ltd and its affiliate partners.
  2. “you”, “your”, “yours” and “Passenger(s)” refers to the customer using/booking a Boda boda,Tuktuk or Taxi or any other mode of transport through our mobile applications or through the website.
  3.  “Software” refers to the Mobile and Web applications owned by The Konnector Ltd and used by you to book your ride/service
  4. “Driver(s)” refers to the licensed private hire driver who has completed the registration for drivers/riders and is accepted by The Konnector to participate as a driver/rider. The term can be used interchangeably for “boda boda” riders, tuktuk riders, taxi drivers,
  5. “User (s)” refers to any user of the Software, including you, and
  6. “The Konnector services” refers to services rendered by The Konnector, through the use of its Software, to you including: riding as a pillion passenger, parcel delivery, taxi passenger.
2. Scope of our Service
Through the software we provide an online platform through which Motorcycle,Tuktuk,Taxi and other drivers appear online when available for booking, and through which you can make such bookings. The Konnector provides you the opportunity to a) locate and contact drivers who are close to your location and b) choose amongst the available drivers c) request the provision of taxi services (and related services) of your chosen driver. We are not a licensed private hire operator, nor a transportation carrier and we do not provide transportation services. We act solely as an intermediary between you and the taxi driver. From the point at which you make your booking through The Konnector service, you enter into a direct (legally binding) contractual relationship with the taxi driver that you book. It is up to the Driver to offer transportation services which may be scheduled through use of the software or The Konnector service. The Konnector offers information and a method to obtain such taxi services, but does not intend to provide taxi services or act in any way as a transportation carrier, and has no responsibility or liability for any taxi services provided to you by such Drivers. When rendering our services, the information that we disclose is based on the information provided to us by the users. As such, the users are fully responsible for informing us with their updated information and indicate directly by themselves if they are available which is displayed on our software. Although we will use reasonable skill and care in performing our Konnector services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our software or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each user remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information displayed on our software. Our software does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any user made available. Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our software for any commercial or competitive activity or purpose.
3. Cost of Using Application
Our service to the passengers is free of charge. Unlike many other parties, we will not charge you for our service or add any additional (booking) fees to your taxi ride. We will not charge you, as you will pay the driver directly for your ride. Our charges will apply to drivers and commercial customers and will be based on monthly subscription fees. Fees may be subjected to a charge at any given time upon the company’s discretion. Charges may or may not be imposed on customers at a later stage.
4. Privacy
The Konnector uses high ethical standards and respects your privacy. Save for disclosures required by law in any relevant jurisdiction, we will not disclose your personal information to third parties without your consent. However, we reserve the right to disclose your personal information to our affiliated companies. Please have a look at our privacy statement for further information.
5. Registration and Use of Website
You can only use The Konnector services if you have registered to do so. Only individuals who are legally entitled may register on The Konnector. If you reside in a jurisdiction which restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service. If you are not legally entitled and/or have had your account suspended or canceled, temporarily or permanently, you cannot register. You must complete the registration form available on our software, if interested to use our services as a passenger, commercial customer or as a driver. The forms and online applications for the various user types are different. By registering on The Konnector, you agree:
  1. To provide true, accurate, complete and updated information about yourself at the registration form, and update them whenever necessary. The Konnector is not obligated to monitor or control the accuracy of information provided by you. If any information provided by you is not in accordance with these provisions or if The Konnector has reasonable grounds to suspect that such information do not agree, The Konnector has the right to refuse your registration, whether as passenger or as driver, and suspend or terminate immediately, regardless of notice, the registration of your account and refuse any and every use, present or future, of The Konnector services that require registration. In this case, you shall not be entitled to any indemnity or compensation for the refusal, suspension or cancellation of your registration.
  2. That you will not use The Konnector: for any unlawful purpose; in any way that interrupts, damages, impairs or renders The Konnector less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise; to advertise or promote third party or your own products or services;
  3. To refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation
  4. And acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of The Konnector. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website;
  5. To comply with all applicable laws from your home nation, the country , state and city in which you are present while using the software or The Konnector service;
  6. To make payment in full to any taxi drivers introduced to you through The Konnector for any services provided by such driver to you;
  7. To treat taxi drivers introduced to you through The Konnector with respect and not to cause damage to their taxi;
  8. To compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of this agreement.
  9. That the nickname or email (e.g xxx@yahoo.com, xxx@gmail.com, and xxx@hotmail.com) that you use to register on the Software shall not resemble to The Konnector’s company name. Also nicknames deemed offensive may be deleted, as well as containing a URL or email address.
  10. That you shall not use The Konnector service or software to cause nuisance, annoyance or inconvenience
  11. That by accessing and using the The Konnector services via mobile devices, or by using certain mobile features, you may incur fees from the provider or carrier of the mobile services that you use (“Carrier”) and you are solely responsible for the payment of such fees
  12. In case any driver fails to pay the required mandatory monthly fee; we have the right to disconnect their account and no longer provide services and also to disconnect any driver's account from The Konnector services without any reason.
  13. Also, The Konnector has a right to disconnect any driver's account from The Konnector services without any reason.
  14. That we are not responsible for any payments. And that the invoice generated is just an estimate and not actual amount due. The payment needs to be negotiated by driver and customer
  15. That any luggage left behind will not be The Konnector’s responsibility.
  16. That if you change your current mode of transport, The Konnector must know and amend it.
  17. That you must wear a helmet, follow traffic rules, use headlight and indicators where necessary, assure readiness of your car, do not use electronic gadgets while driving, take appropriate safety measures while driving, e.g. Seat belts.
  18. That you do not consume drugs or alcohol while driving.
You are solely responsible for maintaining the confidentiality of your password chosen by you at your registration at The Konnector. The Konnector is not responsible for any harm resulting from disclosure of your password from yourself to third parties or use of your password by a third party to access your account. In the event of any unauthorized use of your account, you must immediately notify The Konnector at info@the-Konnector.com When contacting a driver and requesting the provision of services, you must wait for the response of the driver, who may accept or deny the provision of requested services. If the driver accepts the engagement and you want to cancel it for any reason, you must cancel the call by specific action on the software within the allowed time limits. Users acknowledge that The Konnector is not liable for any delays, cancellations, failure to provide services between the Passenger and Driver, nor for any delay or failure in the provision of requested services.
6. Prohibited Uses
Except as specifically permitted herein, without the prior written consent of The Konnector you agree not to:
7. Ranking and passenger Reviews
The driver agrees that the passengers carried by him may evaluate the services provided by him (driver and vehicle). When doing so, passengers shall be obliged to be objective in their evaluation. The completed passenger review may be:
8. Disclaimer
By entering into this agreement and using the software or The Konnector service, to the extent permitted by law, you agree that you shall defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
9. Limitation of Liability
The company may introduce you to drivers for the purposes of providing transportation. We will not assess the suitability, legality or ability of any driver and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the driver. The company will not be a party to disputes, negotiations of disputes between you and such driver. We cannot and will not play any role in managing payments between you and the drivers. Responsibility for the decisions you make regarding services offered via the software or taxi service (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such drivers and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or taxi service or The Konnector service, or in any way related to the third parties introduced to you by the software or The Konnector service. By accepting the provision of the Taxi services, you acknowledge that The Konnector has no involvement in the contractual relationship between driver and passenger.
10. Termination
The Konnector may notify, suspend or terminate, temporarily or permanently, the account of a User at any time and take appropriate legal action if: The Konnector may in its sole discretion, for any reason or no reason and at any time alter and/or discontinue providing its services, with or without notice. The Konnector shall not be liable for any damage or loss caused by such an alteration/ termination of the The Konnector service. You are under no obligation to use the The Konnector service and may simply choose to stop using it at any time.
11. Intellectual Property
Any and all content, including but not limited to trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present software or related to products and goods displayed on the software are protected by copyright and intellectual property and are owned by The Konnector or third parties authorized by The Konnector to develop activities on the software. User agrees to respect the intellectual property rights of The Konnector and others and is aware that intellectual property in this software can never be used in any manner and in any media without our prior written permission of their owners. The Konnector t is not liable for damages suffered by a User who has copied, transferred, distributed or otherwise protected content used in this software, violating rights of third parties. The company hereby grants you a non-exclusive, non-transferable, right to use the software and The Konnector service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement. All rights not expressly granted to you are reserved by the company and its licensees.
12. Maintenance and Support
The Konnector has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this agreement. However, The Konnector may from time to time issue upgraded versions of the application, and may automatically electronically upgrade the version of the application that you are using on your mobile phone or on your computer. You consent to such automatic upgrading, and agree that the terms of this agreement will apply to all such upgrades.
13. Assignment
This agreement may not be assigned by you without the prior written approval of the company but may be assigned without your consent by the company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
14. Miscellaneous
These terms and conditions constitute the entire understanding between user and The Konnector with respect to its object, replacing any and all instruments, agreements, letters and / or contracts, oral or written agreements between the parties with respect to the subject matter described herein prior to the date of your registration as a user. Nothing in the terms and conditions will constitute a partnership, agency relationship, franchise relationship or contract of employment between the parties. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions. The failure by The Konnector on demand at any time, to perform any provision of this agreement will not affect in any way the right of The Konnector to enforce such provision thereafter. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so in Kenya. These Terms of Use shall be governed by and construed in accordance with the laws of Kenya.

Privacy Statement

Your privacy is important to The Konnector. So we have developed a Privacy Statement that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions. This privacy statement applies to all of The Konnector services or Software. The same definitions apply to the privacy statement as in paragraph 1 of the Terms and Conditions.
1. Privacy Policy
The information we request when making your registration at The Konnector software, is requested in order to offer you our professional service. We will only disclose your personal information to third parties for the purposes of completing your booking through us, in order to provide you with the information or services you have requested, or with your explicit consent. We reserve the right to disclose your personal information to certain permitted third parties including members of our own group, trusted partners and our own professional advisers.
2. What personal information we collect
In general, the personal information we gather enables us to process your bookings (for taxi and parcel services) and to provide The Konnector services to you. We collect personal information that you submit to us voluntarily when you register with us or when you use The Konnector Services. When you download The Konnector mobile application, we collect your device type, your wireless carrier, and your individual device ID and we associate this with your personal information, though we primarily use this information to support your account and provide you with The Konnector services.
Registration
When you register in The Konnector to use the software you will be asked to complete online forms providing for: your email address, mobile telephone number, location information (your mobile or other location-aware device to transmit location data) and a password. This information is required in order to use The Konnector services.
User Account
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account. You may allow other members of your household to use the software under your name or account, provided that you hereby agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You agree to supervise all usage by minors of this software under your name or account. In addition, tracking information is collected as you use our software or The Konnector service, including, but not limited to geographic areas. If you are traveling in a vehicle ordered via The Konnector service, the driver’s mobile phone will record your GPS coordinates. We collect this information in order to provide you with the history of your rides and do not use it for any other purpose. We also collect device type and unique identifier when you use our mobile application. We use this information for the sole purpose of providing you with the most up to date application and features. If you use our services through your mobile device, we will track your geo-location information so that you are able to view the drivers in your area that are close to your location, set your pick up location, and our drivers are able to find the location in which you wish to be picked up from. We will not share this information with third parties for any purpose and will only use this information for the sole purpose of fulfilling your request. We may also collect your geo-location even when you are not using The Konnector, in case you have given us your consent, in order to provide you with our efficient geo-based-services. At any time, you may stop our application from using your location by turning this off at the device level.
3. What we do with the information we gather
Our primary goal in collecting information is to provide you with an enhanced experience when using The Konnector service. We use the collected information for various purposes: The Konnector uses your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer the software. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you. We may also use your personal information to create anonymous information records by excluding information that makes the information personally identifiable to you. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Generally, you may not opt-out of these communications, which may/may not be promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. On the other hand, you can always opt out of receiving certain communications from The Konnector such as our newsletter by clicking the “Unsubscribe” link at the bottom of each email or emailing us at info@the-Konnector.com. Please note that even if you unsubscribe or opt-out, we may still send you taxi booking related communications (e.g., sms related to your booking: ‘taxi has arrived at designated destination’).
4. Customer Service
Based upon the personally identifiable information you provide us, we will send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes.
5. How we share personal information with Drivers
As you know, The Konnector Services are designed to connect taxi drivers with you, a seeker of taxi drivers. To process your bookings we must share your geo-location information with the driver that is providing services to you. To complete a booking, we must provide your pickup location to the driver dispatching your ride – similar information that a Driver would collect from you if you called them directly. We request that drivers use this information for the purposes of the provision of the Transportation Services only, and not store this information beyond the duration of the individual taxi service provided. By placing a booking, you hereby authorize us to share all booking-related information with any driver designated by you to provide you taxi services. Please remember that this privacy statement addresses only our use and disclosure of information we collect from and/or about you. When you authorize us to disclose information to drivers, the use and disclosure restrictions contained in this privacy statement will not apply to them. While we encourage them to comply with our data protection requirements, we will not be responsible for any reason if these drivers fail to comply with respect to your information. We do not control the privacy policies or actions of third parties, including the drivers. Any complaints or inquiries regarding use of your information by a driver, or marketing communications from a driver, should be addressed directly to the driver in question. Drivers within The Konnector network may also have their own websites. The Konnector is not responsible for how these drivers may collect your personal information through their own websites. Please contact the appropriate driver regarding its website’s privacy policy (if applicable) and how it will access or use your personal information. At the end of your ride, if you evaluate the driver that has rendered services to you, you hereby agree and accept that these information, including any comments, will be also sent to the driver.
6. How we share Personal Information with other parties
In addition to the ways we share Personal Information with Drivers, we may share your Personal Information with other third parties in the following manners:
  1. Service providers under contract who help with parts of our business operations (e.g., marketing, technology services), though we require that these service providers only use your information in connection with the services they perform for us and not for their own benefit;
  2. To a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), in which case we will require our Affiliates to honor this Privacy statement;
  3. To a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your Personal Information as set forth in this Privacy statement;
  4. Law enforcement, government officials, or other third parties when:
    1. we are compelled to do so by a court order or similar legal procedure
    2. we need to do so to comply with law
    3. we believe in good faith that we need these information to protect or defend the rights or property of Company or users of the software or other services.
    4. Other third parties with your consent or directed to do so.
The Konnector may share aggregated information that includes non-identifying information and log data with third parties for industry analysis and demographic profiling.
7. Cookies and other anonymous information
When you use our software, we collect anonymous Information such as your IP address and standard web log information, such as your browser type and the pages you accessed on our website, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. We may track the pages that directed you to our software, though we do not associate that information with your personal information. We may also place small data files called “cookies” on your computer or mobile device. Cookies do not harm or damage your system in any way. Furthermore they make your navigation easier as they save your settings. We send a “session cookie” to your computer or mobile device when you log in to your account. This type of cookie helps us to recognize you if you visit multiple areas on our site during the same session, so that we don’t need to ask you for your password on each page. Once you log out, close your browser or application, this cookie expires and no longer has any effect. We also use longer-lasting cookies to display your e-mail address or mobile phone number on our sign-in form, so that you don’t need to retype the e-mail address each time you log in to your account. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our software. We may use third party tracking services to track and analyze anonymous information users of our software. Such third parties may use cookies to help track user behavior. We reserve the right to disclose anonymous information publicly without restriction, including to third party vendors who may help us enhance or provide the software or The Konnector services or to third parties.
8. Control over your data
If your personal information changes, or if you no longer desire our service, you may correct, delete inaccuracies, or amend it by making the change on our member information page or by emailing us at info@the-Konnector.com or support@the-Konnector.com We will respond to your access request as soon as possible. We will retain your information (including geo-location) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@the-Konnector.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
9. How do we treat the e-mails you send us?
Our “Contact” button, activates your e-mail software and invites you to send your comments to a specific functional mailbox. When you send such a message, your personal data is collected only to the extent necessary to reply. If the management team of the mailbox is unable to answer your question, it will forward your e-mail to another service. You will be informed, via e-mail, about which service your question has been forwarded to. If you have any questions about
10. Security
The personally identifiable and geo-location information we collect is securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as encryption and firewalls and SSL (Secure Socket Layers) for protecting your information – such as any portions of your credit card number which we retain (we do not ourselves retain your entire credit card information). However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet, and any information you transmit to the Company you do at your own risk.
11. Tell-A-Friend
If you choose to use our referral service to tell a friend, family, acquaintance about our site or a job position, we will ask you for your friend’s family name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact us at info@the-Konnector.com to request that we remove this information from our database.
12. Social Media (Features) and Widgets
Our software includes social media features, such as the Facebook Like button and widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our software. Your interactions with these features are governed by the privacy statement of the company providing it.
13. Public Forums
Our software offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at info@the-Konnector.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
14. Changes in this privacy statement
We may update this privacy statement to reflect changes to our information practices at any time without prior notification of any sort. We encourage you to periodically review this page for the latest information on our privacy practices. The present privacy statement is part of the terms and conditions agreement and is construed according to the relevant terms of the latter.
15. General
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”