These General Terms set forth the main terms and conditions applying to and governing the agreement between you (hereinafter referred to as "you" or "Operator") and Mobiticket regarding usage of the Mobiticket Operator’s Platform for the purpose of providing Transportation Services.
In order to provide Transportation Services via using the Mobiticket Platform you must agree to the terms and conditions that are set forth below.
1.1. MOBILE AND WEB APP SOLUTIONS CENTER LIMITED T/A Mobiticket (also referred to as "we", "our" or "us") – a private limited company incorporated and registered under the laws of Republic of Kenya with registration number PVT-AAADKZ0.
1.2. Affiliate – means an entity that is directly or indirectly under the control of Mobiticket and who provides certain Mobiticket Services in a local state or city.
1.3. Mobiticket Services – services that Mobiticket and/or its Affiliates provide you, including provision and maintenance of the Mobiticket Platform and the Mobiticket platform, client support, mediation of the payments and communication between you and the Customer or other similar support services as described in these General Terms or the Agreement.
1.4. Mobiticket Platform –In the meaning of these General Terms, Mobiticket Platform refers to the Mobiticket Operators Platform, which the Operators use to receive and accept requests and manage Transportation Services.
1.5. Customer – a person requesting Transportation Services by using the Mobiticket mobile Platform application.
1.6. Operator or you – the person providing Transportation Services via the Mobiticket Platform. Please note that you may register the account either as a legal or a natural person.
1.7. General Terms – the terms and conditions provided in this document.
1.9. License – your right to use the Mobiticket Platform and the Website in accordance with the Agreement.
1.11. Fare – the fee a Customer is obliged to pay you for provision of the Transportation Services.
1.12. Mobiticket Fee – the fee a passenger is obliged to pay to Mobiticket for the right to use the Mobiticket Platform. Mobiticket Fee consists of a fee per each Customer order.
1.13. In-Platform Payment – a payment made by the Customer via the Mobiticket Platform for the Transportation Services. The In-Platform Payment may be made by using bank/credit card, business, mobile carrier payment or any other electronic payment method enabled by Mobiticket.
1.14. Mobiticket Operator’s Portal – a portal containing relevant information and documents regarding your usage of the Mobiticket Platform in course of provision of Transportation Services, including accounting documentation. You may access Mobiticket Operator’s Portal by entering your user name and password.
1.15. Transportation Services – the transportation service you are providing to the Customer whose request you have accepted via the Mobiticket Platform.
2.1. Prior to using the Mobiticket Platform you must sign up with Mobiticket by providing the requested information in the signup Platform application and uploading necessary documentation as required by Mobiticket on the Website. Upon successful completion of the signup Platform application Mobiticket will provide you with a personal account accessible via the user name and password that you have chosen. By clicking the „Sign up" button located at the end of the signup Platform application, you represent and warrant that:
2.1.1. according to law you are entitled to enter into an agreement with Mobiticket to use the Mobiticket Platform for providing Transportation Service;
2.1.2. you have carefully studied, fully understand and agree to be bound by these General Terms, including all you obligations that arise as provided herein;
2.1.3. all the information you have presented to Mobiticket is accurate, correct and complete;
2.1.4. you will not authorize other persons to use your account nor transfer or assign it to any other person;
2.1.5. you will not use the Mobiticket Platform for unauthorized or unlawful purposes and impair the proper operation of the Mobiticket Platform;
2.1.6. you will not copy or distribute the Mobiticket Platform or other Mobiticket content without the prior written permission from Mobiticket;
2.1.7. you will keep you Mobiticket account accurate and profile information updated at all times;
2.1.8. at all times you fully comply with all laws and regulations Platform applicable in the state you are providing Transportation Services, including (but not limited to) laws regulating passenger transportation services;
2.2. You are obliged to provide your own bank requisites in course of filling the payment details upon registration. In case you are a legal person, you must insert the bank account of the company. Mobiticket or its Affiliates are transferring In-Platform Payment fees to the bank account you have provided. Mobiticket and/or its Affiliates are not liable for any incorrect money transactions in case you have provided wrong bank requisites.
2.3. After submitting the signup Platform application, you will receive an e-mail with additional conditions that must be met in order to provide Transportation Services. These conditions may include providing criminal records, valid driving license, satisfying certain technical state of the vehicle, completion of a training course, owning a GPS-supporting mobile device and other conditions as described in the pertinent e-mail. The failure to comply with the provided requirements and conditions will result in termination of the Agreement and right to use the Mobiticket Platform.
2.4. You agree that in specific cities or countries Mobiticket may assign any of its obligations arising from the Agreement to its Affiliate or representative. This includes, among else, assigning the rights and obligations regarding reviewing documents related to signup Platform applications, trainings, collection of Mobiticket Fees, forwarding you the fees due, mediating In-Platform Payment, licensing the Mobiticket Platform, etc.
2.5. Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in your payment details (as accessible on the Operator’s Portal). In such case the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms as well as any further documents of the Agreement. Regardless of the above, only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Operator only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER ONE MOBITICKET ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE AGREEMENT CONDUCTED BY THE OPERATOR.
2.6. Registering the account as a fleet company. Upon concluding a separate agreement with Mobiticket, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of these General Terms and any other Agreement and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement of the agreement conducted by such employee and/or service provider.
3.1. The Mobiticket Platform. The Mobiticket Platform allows you to receive requests from the Customers interested in using Transportation Services, which you can either accept or ignore at your own choosing. For additional information about the Mobiticket Platform please refer to the Website.
3.2. License to use the Mobiticket Platform and the Website. Mobiticket hereby grants you, subject to the provisions of the Agreement, a non-exclusive, non-sublicensable, non-transferable License to use the Mobiticket Platform and the Website according to the terms referred to herein. Regardless of the above and if so agreed separately, PSV Fleet Companies may sub-license the Mobiticket Platform to the members of its fleet.
3.3. In course of using the Mobiticket Platform and/or the Website you may not:
3.3.1. decompile, reverse engineer, or otherwise attempt to obtain the source code of the Mobiticket Platform and/or the Website;
3.3.2. modify the Mobiticket Platform or Website in any manner or form or to use modified versions of the Mobiticket Platform or Website;
3.3.3. transmit files that contain viruses, corrupted files, or any other similar Mobiticket Platform or programs that may damage or adversely affect the operation of another person's computer, Mobiticket Services, Website, Mobiticket Platform or hardware, or telecommunications equipment;
3.3.4. attempt to gain unauthorized access to the Mobiticket Platform, Website or any other Mobiticket Services.
3.4. In order to use the Mobiticket Platform and Website you are obliged to pay Mobiticket or its Affiliates the Mobiticket Fee as described in section 5 of these General Terms.
3.5. The License granted herein revokes automatically and simultaneously with termination of the Agreement. After termination of the Agreement you must immediately stop using the Mobiticket Platform and Mobiticket is entitled to block and delete your account without a prior notice.
3.6. Using Operator’s forum and other Website content. Mobiticket may grant you access to Operator’s forum and other content accessible via the Website. You may not publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content. Mobiticket may restrict your access to the forums or Mobiticket Platform, if you infringe the aforementioned obligations.
3.7. Using tags and labels of Mobiticket. Additionally, Mobiticket and/or its Affiliates may give you tags, labels, stickers or other signs that refer to Mobiticket or otherwise indicate that you are using the Mobiticket Platform. Mobiticket grants you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating that you are providing Transportation Services via using the Mobiticket Platform. After termination of the Agreement you must immediately remove and discard any signs that refer to Mobiticket or its brand.
3.8. All copyrights and trademarks related to Mobiticket, including source code, databases, logos and visual designs are owned by Mobiticket and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Mobiticket Platform, Website or any other Mobiticket Services you do not acquire any rights of ownership to any intellectual property of Mobiticket.
4.1. Your Obligations. You hereby guarantee to provide Transportation Services in accordance with the Agreement as well as laws and regulations Platform applicable in the state where you are providing Transportation Services. Please note that you are fully liable for any violation of any local or international laws and regulations as may arise from providing Transportation Services.
4.2. You must, among else, have all licenses (including a valid Operator’s license), permits, car insurance, liability insurance (if Platform applicable), registrations, certifications and other documentation that are required in the Platform applicable jurisdiction for providing the Transportation Services. It is your obligation to maintain the validity of all aforementioned documentation. Mobiticket reserves the right to require you to present evidence and submit for review all the necessary licenses, permits, Platform approvals, authority, registrations and certifications as well as their renewals.
4.3. You must abide by the traffic regulations at all times. This means, among else, that you may not operate the Mobiticket Platform while driving and your vehicle must be fully parked while interacting with the Mobiticket Platform.
4.4. You must provide the Transportation Services in a professional manner in accordance with the business ethics Platform applicable to providing such services and endeavour to perform the Customer’s request in the best interest of the Customer. Among else, you (i) must take the route least costly for the Customer, unless the Customer explicitly requests otherwise; (ii) may not make any unauthorised stops; and (iii) may not have any other passengers in the vehicle other than the Customer and the people accompanying the Customer.
4.5. You retain the sole right to determine when and for how long you are providing the Transportation Services. You shall accept, decline or ignore Customer’s Transportation Services requests at your own choosing.
4.6. Costs you incur while providing the Transportation Services. You are obliged to provide and maintain all equipment and means that are necessary to perform the Transportation Services at your own expense, including a car, smart device, mobile data plan, etc. You are also responsible for paying all costs you incur in the course of performing the Transportation Services including, but not limited to, fuel, mobile data plan costs, toll charges, amortization of the vehicle, insurance, relevant corporate or payroll taxes etc. Please bear in mind that using the Mobiticket Platform may bring about consummation of large amount of data on your mobile data plan. Thus, we suggest you to subscribe for a data plan with unlimited or very high data usage capacity.
4.7. Fares. You are entitled to charge a fare for each instance you have accepted a Customer via the Mobiticket Platform and completed the Transportation Service as requested (i.e. Fare).
4.8. Mobiticket may adjust your fare for a particular order completed, if we detect a violation
4.9. Customer may pay the fare for the Transportation Service either directly to you or via the In-Platform Payment as described in section 6 of these General Terms. In case the Customer pays the Fare directly, it is your obligation to collect the Fare. In case the Customer fails or refuses to pay, Mobiticket will help you with collecting the Fare due, however Mobiticket has no obligation to compensate the Fare.
4.10. Receipts. After each successful provision of Transportation Services, Mobiticket shall create a receipt consisting of the route, fare, time and other relevant information of a particular trip.
4.11. Penalties. In case the Customer cancels the request for Transportation Services after 3 minutes or does not show up, Mobiticket shall have the right to request a penalty from such Customer.
4.12. If, in the course of receiving Transportation Service, a Customer or its co-passengers negligently damage your vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), you have the right to request the Customer to pay a penalty of and request compensation for any damages exceeding the penalty.
4.13. Your tax obligations. You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the Platform applicable laws in relation to providing the Transportation Services, including (if Platform applicable) (i) acquiring a valid VAT number; (ii) paying income tax, social security tax or any other tax Platform applicable; and (iii) fulfilling all tax registration obligations and calculating and remitting all tax liabilities related to your provision of Transportation Services as required by the Platform applicable law. Additionally, it is your obligation to provide Mobiticket with all relevant tax information, including (among else) your VAT number. Please note that Mobiticket may in its reasonable discretion and based on Platform applicable tax law, collect and remit taxes resulting from your provision of Transportation Services and/or provide any of the relevant tax information directly to the Platform applicable governmental tax authorities on your behalf.
4.14. Your authorisation to issue invoices. If you are using the Mobiticket account as a business entity, you hereby authorise Mobiticket to issue itself an invoice on your behalf in order to compensate you any expenses, referral fees, contractual penalties or other fees that you are due from Mobiticket. Upon its issuance, the invoice will be immediately made available to you via the Operator’s Portal.
5.1. In order to use the Mobiticket Platform, your customers are obliged to pay to Mobiticket a fee (i.e. the Mobiticket Fee). The Mobiticket Fee is paid based on the Fare of each Transportation Service order you have completed. The amount of the Mobiticket Fee is made available to you via e-mail, Mobiticket Platform, Operator’s Portal or other pertinent means. Please acknowledge that the Mobiticket Fee may change from time to time. Mobiticket shall send you a prior notification of each such change.
5.2. Your customers are charged a transaction fee that must paid during the booking process
6.1. Mobiticket may enable its Customers a possibility to pay for the Transportation Service via bank card, Business or mobile carrier payment directly in the Platform (i.e. In-Platform Payment). You hereby authorise Mobiticket/Jambopay to act as your limited commercial agent solely for the purpose of collecting, on your behalf, the Fares, Platform applicable taxes or other fees paid by the Customer via In-Platform Payment. You additionally agree that any payments made by the Customers via the In-Platform Payment shall be considered the same as payments made directly to you.
6.2. You may not refuse payment by the Customer via the In-Platform Payment, or influence the Customer against the use of the In-Platform Payment.
6.3. Mobiticket will regularly transfer the amounts collected as In-Platform Payments, which have been credited to the Mobiticket’s bank account, to your account in real time.
6.4. You are entitled to review In-Platform Payment reports in the Mobiticket Operator’s Portal. Mobiticket will send daily In-Platform Payment & Operator’s account balance to your e-mail. The reports will show the amounts of the In-Platform Payments brokered in the daily as well. The reports will be sent daily or as requested.
6.5. Please note that Mobiticket is not obliged to pay you the Fare due from the Customer if the In-Platform Payment failed because Customer’s credit card or mobile payment is cancelled or is unsuccessful for reasons not attributable to Mobiticket. In such case we will help you in requesting the Fare due from the Customer, and shall transmit it to you once the Customer has made the requested payment.
6.6. Before rendering Transportation Services, you must verify that the service is being actually provided to the Customer or that the Customer has expressly confirmed that it allows the passenger to ride under its account. If you make a mistake in identifying the Customer, and the In-Platform Payment is charged to a person, who has not been provided or has not Platformroved the Transportation Services, Mobiticket shall reimburse the Customer for the Fare. In such case you are not entitled to receive the Fare from Mobiticket.
6.7. You hereby warrant that you understand that In-Platform Payment does not supersede the requirements established by the laws and regulations, e.g. your obligation to provide the Customer with a receipt printed out on the printer.
6.8. You must notify Mobiticket of any important circumstances which may affect Mobiticket’s obligations to collect and distribute the Fares paid via In-Platform Payment.
6.9. Please note that Mobiticket may set off any Fares paid via In-Platform Payment against the Mobiticket Fees that you your customers are obliged to pay to Mobiticket.
7.1. As one of our services, we may provide you customer support regarding using the Mobiticket Platform. The customer support may be provided either by Mobiticket or its Affiliates as listed on the Website.
8.1. In order to guarantee high-quality service via the Platform application provided by Mobiticket and provide additional reassurance to our Customers, you hereby acknowledge that the Customers may provide you a rating and leave feedback regarding the quality of the Transportation Services that you have provided. Your average rating will be linked to your Mobiticket account and available to Customers when requesting Transportation Services. The Customer is obliged to provide the ratings and comments in good faith, and if we, in our discretion, find a particular rating or comment to not be in good faith, we may remove it.
8.2. In addition to the rating, Mobiticket measures your level of activity and provides you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Transportation Service orders.
8.3. You hereby acknowledge that in order to provide reliable services to Customers Mobiticket may determine a minimum average rating and a minimum activity score that all Operators must establish and maintain. If, after a pertinent notification from Mobiticket, you do not increase your average rating or activity score above the minimum within the prescribed time period, your Mobiticket account will be automatically suspended either for temporarily or permanently. Mobiticket may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.
9.1. Market overviews. Mobiticket may send you, via the Mobiticket Platform, SMS, e-mail or other means, market overviews, in order to increase your awareness regarding when the demand by the Customer is highest. Please note that such market overviews are merely recommendatory and do not constitute any obligations for you. As the market overview estimations are based on previous statistics, Mobiticket cannot give any guarantees that the actual market situation will correspond to the estimations provided in the market overview.
9.2. Campaigns promising minimum income. Mobiticket may also provide campaigns, whereby Mobiticket will guarantee a minimum income if you provide Transportation Services within a specified timeframe and shall compensate the gap, if you do not reach such minimum. The specific requirements and conditions will be sent from Mobiticket via the Mobiticket Platform, SMS, e-mail or other means. Mobiticket has full discretion in deciding if, when and to which Operators it enables such campaigns. If Mobiticket has reasonable cause to suspect any fraudulent activity by you, it may withhold your Fare until the suspicion of fraud has been cleared.
9.3. Campaigns for Customers. Mobiticket may also occasionally arrange various campaigns to Customers in order to market the Mobiticket Platform applications, whereby the Fare paid by the Customer is reduced. In such case Mobiticket will notify you about specific campaign terms and in most cases shall pay you compensation, amounting to the monetary value of the benefit offered to the Customer (i.e. difference between the amount that the you should have received and actually receive due to the marketing campaign). Such compensation shall be paid you concurrently with payment of the Fares. Mobiticket may set off the marketing compensation against the Mobiticket Fee.
9.4. Mobiticket may also carry out other campaigns for Operators and/or the Customers under the terms accompanying the specific campaign.
10.1. You hereby acknowledge that by providing Transportation Services to the Customers, you and the Customer are bound by a service contract, to which Mobiticket nor its Affiliates are not a party.
10.2. Mobiticket and its Affiliates do not control or direct your provision of Transportation Services. You have the sole right to decide when and for how long to utilize the Mobiticket Platform and whether to accept the Customer’s request received via the Mobiticket Platform. You acknowledge and agree that you have complete discretion to provide services or otherwise engage in other business or employment activities.
10.3. You hereby acknowledge and agree that Mobiticket and its Affiliates are merely providers of the Mobiticket Platform and its supporting services and do not provide transportation services. By providing the Mobiticket Platform, Mobiticket and its Affiliates act as facilitators of transportation service between you and Customer. Mobiticket may also act as your commercial agent by collecting and forwarding the payments made by Customers for the Transportation Services via the In-Platform Payment.
10.4. You, Mobiticket and its Affiliates hereby expressly agree that the relationship between the parties is not an employment agreement, nor does it create an employment relationship between you and Mobiticket or Affiliate.
10.5. If due to the implication of mandatory laws or otherwise, you are deemed as an employee of Mobiticket or its Affiliate, you hereby agree to indemnify, defend and hold Mobiticket and its Affiliates harmless from and against any claims by any person, entity, regulator or governmental authority based on such implied employment relationship.
11.1. Processing your personal data. Mobiticket collects your personal data such as name, address, telephone number, e-mail address, vehicle information, license plate number and location based information in order to enable the intended functioning of the Mobiticket Platform and provide you and our Customers Mobiticket Services. We may also request you to provide your Operator’s license and criminal or other necessary records, in order to identify whether you have qualifications for pursuing this professional activity and safeguarding the contractual relations associated with the Mobiticket Services. We disclose your personal data to Affiliates and other third parties only for the purposes of providing Mobiticket Services.
11.2. You may at all times request to see, update or remove your personal data. However, please note that if you request to remove your personal data, Mobiticket may have to terminate your right to provide Transportation Services. After you delete your Mobiticket account, Mobiticket shall delete your personal data, but not before six (6) months has passed as of deleting your account (in case any contractual issues come forth). Certain personal data may be kept for a longer period of time, if so required by the Platform applicable law.
11.3. Transmitting your geo-location and other information to Customers. In order to provide Mobiticket Services, we collect your geo-location information while you are using the Mobiticket Platform. This means that we monitor and track your geo-location and may share your current location via the Mobiticket Platform application to the Customers in order to provide them the Mobiticket Services. Additionally we will provide Customers your name, vehicle information and license plate number for your identification and safety reasons. If you would like your geo-location data and other aforementioned information not to be available to Customers, you must close the Mobiticket Platform or indicate in the Mobiticket Platform that you are currently not looking to provide Transportation Services.
11.4. Your right to process personal data of Customers. You may not process the personal data of the Customers without the permission of Mobiticket. You may not contact any Customer or collect, record, store, grant access, use or cross-use the personal data provided by the Customers or accessible to you via the Mobiticket Platform for any reason other than for the purposes of fulfilling the Transportation Service request.
12.1. The Mobiticket Platform is provided on an "as is" and “as available” basis. Mobiticket and its Affiliates do not represent, warrant or guarantee that access to Mobiticket Platform will be uninterrupted or error free. As the usage of Mobiticket Platform for requesting transportation services depends on the behavior of Customers, Mobiticket and its Affiliate do not guarantee that your usage of the Mobiticket Platform will result in any Transportation Service requests. Mobiticket is not liable for the proper functioning of the Mobiticket Platform and any loss or damage that you may occur as a result.
12.2. To the maximum extent permitted under the Platform applicable law, Mobiticket and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of using the Mobiticket Platform, including but not limited to:
12.3. For avoidance of doubt Mobiticket does not guarantee the submission of requests by the Customers and can in no way be considered as a person acting on behalf or in the name of the Customer. Mobiticket will strive to remove unwelcomed users of the Mobiticket Platform. However, Mobiticket and/or any of its Affiliates are not liable for the actions or non-actions of the Customers or their co-passengers using the Mobiticket Platform and shall not be liable for any loss or damage that you may incur as a result of actions or non-actions of the Customers or their co-passengers.
12.4. Please note that you are fully liable for breach of the Agreement and/or any other Platform applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from Mobiticket, Affiliate or any state or other authority.
12.5. You are fully liable and shall indemnify Mobiticket for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that Mobiticket and/or any of its Affiliates or representatives may occur in connection with your breach of the Agreement and/or claim by a third party (including the Customer) directly or indirectly related to provision of Transportation Services. Should any of the Customers present any claims against Mobiticket in connection with your provision of Transportation Services, then you shall compensate such damage to Mobiticket in full within 7 (seven) days as of your receipt of the respective request from Mobiticket.
12.6. You are obliged to comply with all tax obligations you may incur in relation to fulfilling your obligations arising from the Agreement or providing Transportation Services. You shall indemnify Mobiticket and/or its Affiliates from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of your failure to comply with your tax obligations (including, but not limited to, failure to pay income tax or social security tax).
12.7. In case Mobiticket is entitled to present any claims against you, then you shall compensate Mobiticket any legal costs related to evaluation of the damages and submission of claims relating to compensation for such damage.
13.1. The conditions expressly specified in these General Terms shall enter into force as of submitting the signup Platform application located on the Website. Each other document that is part of the Agreement shall enter into force once the specific document has been made available to you and you commence or continue providing the Transportation Services, unless prescribed otherwise in the Agreement.
13.2. You may terminate the Agreement at any time by notifying Mobiticket at least 7 (seven) days in advance, after which your right to use the Mobiticket Platform and Mobiticket Services shall terminate. The Agreement will also terminate upon the deletion of your Mobiticket account.
13.3. Mobiticket may terminate the Agreement at any time and for any reason at the sole discretion of Mobiticket by notifying you at least 3 (three) days in advance.
13.4. Mobiticket is entitled to immediately terminate the Agreement and block your access to Mobiticket Platform without giving any advance notice in case you breach the Agreement, any Platform applicable laws or regulations, disparage Mobiticket or its Affiliates, or cause harm to Mobiticket or its Affiliates’ brand, reputation or business as determined by Mobiticket in its sole discretion. In the aforementioned cases Mobiticket may, at its own discretion, prohibit you from registering a new account or take other necessary steps to stop you from providing Transportation Services.
13.5. Mobiticket may also immediately block your access to the Mobiticket Platform and other Services for the period of investigation, if we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions. Mobiticket shall only use the right described herein in good faith.
13.6. Mobiticket is aiming to provide the highest quality service to all Customers and is monitoring the activity of Operators in its system. If you fail to meet the minimal service requirements, such as the obligation to possess a certain minimal rating and activity score, Mobiticket is entitled to immediately terminate the Agreement without giving any advance notice.
14.1. Mobiticket has the sole right to make changes to any of the documents part of the Agreement. Any changes to the Agreement shall enter into force after they have been made available to you via e-mail, Mobiticket Platform or Operator’s Portal and you have continued to provide Transportation Services, unless prescribed otherwise in the Agreement.
14.2. In order to amend the General Terms, Mobiticket shall post a revised version of it on the Website and give you at least 14 (fourteen) days prior notice. If you continue to use the Mobiticket Platform, you shall be deemed to have accepted the revised conditions.
15.1. The Agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of Kenya, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
15.2. Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved in a court of law.
16.1. You are obligated to immediately notify Mobiticket of any changes of your contact information and guarantee to keep the contact information accurate and up to date.
16.2. The contact information of Mobiticket is available at the Website.
17.1. If any provision of the Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that Platformroximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
17.2. You may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.
17.3. Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e-mail or (v) made available via the Mobiticket’s Operator’s Portal or Mobiticket Platform. Any notice which is sent or dispatched in accordance with this clause 17.3 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if made available via the Mobiticket’s Operator’s Portal or the Mobiticket Platform, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.
Date of entry into force of the General Terms: 15.05.2017.