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Terms & Conditions for the Use of Kwenda Services in Zambia

Effective Date: 06/09/2023

These terms and conditions (the "Terms") outline the rules and regulations for the use of the Kwenda app and website (collectively, the "Service"), provided by Optimyze Technologies Limited, located at PalmDrive, 1282, Lusaka, Zambia. By accessing and using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By using the Service, you acknowledge that you have read, understood, and agree to these Terms, as well as our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, please discontinue your use of the Service.

2. User Eligibility

Both drivers and riders using the Service must be at least 18 years old. By using the Service, you confirm that you are of legal age and capacity to enter into a binding contract.

3. Appropriate Use

You agree to use the Service in accordance with all applicable laws and regulations in Zambia. You shall not use the Service for any unlawful, harmful, or fraudulent activities. Specifically, you agree not to:

License:

You hereby grant Kwenda a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

Content Liability:

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

iFrames:

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party site.

We may consider and approve other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources;
  • Dot.com community sites;
  • Associations or other groups representing charities;
  • Online directory distributors;
  • Internet portals;
  • Accounting, law and consulting firms; and
  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Kwenda; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Kwenda. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

No use of Kwenda logo or other artwork will be allowed for linking absent a trademark license agreement.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

9. Termination

We reserve the right to terminate or suspend your access to the Service at our discretion, without notice, if you violate these Terms or engage in any behavior that we deem unacceptable.

10. Changes to Terms

We may update these Terms from time to time. It is your responsibility to review the Terms periodically. Your continued use of the Service after any changes constitutes acceptance of those changes.

11. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at admin@kwenda.co.uk

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Zambia. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Zambia.

13. Deletion of Information

  • Driver users may request the deletion of their information by contacting Kwendas customer service team via email or phone.
  • Upon receiving a deletion request, Kwenda will verify the identity of the driver user and confirm the request.
  • Once the request has been confirmed, Kwenda will proceed to delete the driver users information within a reasonable time frame, subject to legal and regulatory requirements.
  • Please note that certain information may be retained for legal and regulatory purposes or to enforce any agreements that the driver user has entered into with Kwenda.
  • Kwenda may also retain anonymized or aggregated data that does not personally identify the driver user.

14. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to the Service and the use of this Service. Nothing in this disclaimer will:

a. Limit or exclude our or your liability for death or personal injury; b. Limit or exclude our or your liability for fraud or fraudulent misrepresentation; c. Limit any of our or your liabilities in any way that is not permitted under applicable law; or d. Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under

15. Account Deactivation and Waiting Period

  1. Deactivation Process: Users of the Kwenda app may choose to deactivate their accounts at any time. To initiate the account deactivation process, please follow the steps provided within the app or send a request via email to our support team at support@kwenda.co.uk or the developer dev@optimyzetech.net

  2. Waiting Period: Upon requesting the deactivation of your Kwenda account, please be aware that there will be a waiting period of thirty (30) days before your account is permanently deleted. During this waiting period, you have the option to reconsider your decision and reactivate your account.

  3. Reasons for Waiting Period: The 30-day waiting period serves various purposes, including but not limited to:

    a. Security Verification: We may need this time to verify the legitimacy of the deactivation request and take appropriate security measures.

    b. Financial Transactions: Any pending financial transactions, such as outstanding payments or refunds, will be processed before account deletion.

    c. Legal and Regulatory Compliance: We ensure compliance with applicable laws and regulations, including tax reporting and data retention requirements, during this period.

    d. Customer Support: Our customer support team will be available to assist you with any issues or concerns that might affect your decision to delete your account.

    e. Data Backup and Retention: Kwenda may have data retention policies that require us to keep certain user data for a specified period, even after account deletion.

    f. Preventing Impulsive Deletions: The waiting period encourages users to make considered decisions about account deletion rather than acting impulsively.

    g. User Engagement: We may engage with you through notifications or emails during this period to remind you of the benefits of using Kwenda and encourage you to reconsider account deletion.

  4. Permanence of Deletion: After the 30-day waiting period, your Kwenda account will be permanently deleted, and all associated data will be irreversibly removed from our systems.

  5. Deletion Request via Email: To request the deletion of your Kwenda account via email, please send a written request to our support team at support@kwenda.co.uk or the developer dev@optimyzetech.net Please ensure that your email includes your account details and a clear statement of your intention to deactivate your account.

 

16. Refund Policy


a. Refund Period: Users of the Kwenda Service acknowledge and agree that they may request a refund for any transaction made through the Service within one week (7 days) from the date of the transaction.

b. Refund Eligibility: Refunds will only be considered for transactions that meet the following criteria:

i. The request for a refund is made within one week (7 days) from the date of the transaction.

ii. The transaction in question has not been subject to any dispute, chargeback, or legal action.

c. Refund Process: To request a refund, users must contact Kwendas customer service team via email at support@kwenda.co.uk or the developer at dev@optimyzetech.net , providing details of the transaction, the reason for the refund request, and any supporting documentation if necessary.

d. Refund Limitation: Users acknowledge and agree that no refund requests will be entertained or processed after the one-week (7 days) refund period has elapsed.

e. Discretionary Refusal: Kwenda reserves the right to refuse any refund request that does not comply with the terms outlined in this refund policy or if the request is deemed to be fraudulent, abusive, or in violation of these Terms.

f. Refund Processing Time: Once a valid refund request is received and approved, Kwenda will process the refund within a reasonable time frame, subject to any legal and regulatory requirements.

g. Exceptional Circumstances: Kwenda may consider exceptions to this refund policy in exceptional circumstances, at its sole discretion.

h. Changes to Refund Policy: Kwenda reserves the right to amend this refund policy at any time. Users are responsible for reviewing the refund policy periodically, and their continued use of the Service after any changes constitutes acceptance of those changes.

Please ensure that you review and agree to the updated terms and conditions, including the refund policy, before continuing to use the Kwenda Service.