USING OUR PLATFORM

We appreciate the use of our products and services by Ngamia Haulers Platform Limited (NHP) located at Nairobi Methodist Ministries Center, Oloitokitok Road, Kilimani – Nairobi.

By using our products and services you are deemed to agree to our Terms and Conditions.

Only use our services to the extent permitted by the Law.  All contents and data in our services must only be used with consent of the owners. NHP reserves the right to suspend the use of service by yourself if we suspect breach or misconduct.

By using NHP services, you are not entitled to any Intellectual Property (IP) rights in our products and services.

In the course of business, you may receive adverts, announcements, administrative messages, emergency messages, alerts and other information generated by the system.  You may opt out of such messages at any time.

NHP services are available in USSD, Mobile and Web Portal.  Do not use the devices in a way that prevents you from obeying traffic and safety laws.

Your Ngamia Account

Ngamia Platform account is necessary for you to access our services.  Your Ngamia account is personal.  Keep all your access credentials e.g. login, passwords confidential.

Compliance with Privacy Laws, Regulations and Intellectual Property rights

By using Ngamia platform you consent to use data in accordance with the Applicable Laws.

NHP retains all their intellectual property in all their products and services.

Your Content in our Service

All information uploaded, submitted, slurred, sent, received through our platform and our associates gives NHP a license to use, host, store, reproduce, modify, analyze, create derivative works (so that your content works better with our service) communicate, publish, publicly display and disseminate such information.  This information will be used to operate, develop and improve our services.

Software in our Services

NHP undertakes to continuously innovate and improve its software in the platform.  This software may update automatically on your devices once there is a bug hot-fix in the earlier or current version.

You are not allowed to copy, modify, distribute, sell, lease any part of our services or included software, nor may you reverse engineer or attempt to extract source code (KIPCORE) of that software without our written express permission.

Modifying and Terminating our Services

NHP reserves the right to suspend, remove or add any functionality or feature in our products.

You can uninstall, or stop using our products and services without notice.

All your data in our platform remains private, and confidential.  In the event your service are to be terminated you will be allowed to unsubscribe from the platform in addition to requesting that your data and other details are removed.

Warranties and Indemnities

NHP shall exercise reasonable care and skill necessary for a commercial enterprise in its space.  However, there are some instances that despite such due care being taken, certain things might happen. Those we don’t promise.  The service offered by NHP is “As Is” and we make no warranties as to the accessibility, reliability, availability or ability to meet your needs.  Any other warranties we make to the extent permitted by the law.

Liability for Our Services

By using our service, we are not responsible for loss of profits, revenue or data, financial loses or indirect, special, consequential, exemplary or punitive damages.

Total liability which may attach to NHP is liquidated to the sums paid to us for using our service.

Loss or damage which is remote and not foreseeable does not attach to NHP.

Consumer rights recognized by the Kenyan Constitution, Laws and other jurisdictional laws which supersede contract are not limited by these terms.

Business use of Our Service

You shall indemnify and keep indemnified NHP of any actions, suits, judgments or any claims from third parties on full indemnity basis.

About the Terms

If there is any change in law, we shall post the changes within a reasonable time period but not later than Twenty One (21)-days.  You can discontinue our service if you do not agree with our Terms of Service.

These terms are between you and NHP.

By NHP not acting on breach of any term, it does not mean that NHP has waived its right to take that action in future.

All terms in here shall be read and construed in support of each other.

You consent to the exclusive jurisdiction of the Laws of Kenya and all disputes shall be handled in accordance with Kenyan Law.

All disputes shall first be negotiated and if no resolution is reached, mediation and arbitration shall be attempted.  An arbitration mediator shall be appointed by consent of all parties from the Chartered Institute of Arbitrators (Kenya) Branch.