Customers terms and conditions
Welcome to FURAHA SERVICES
Please read these Terms and Conditions (“Terms”) carefully as they govern your use of the FURAHA SERVICES mobile application (“App”) and any other services made available through the App.
By using the App, you agree to be bound by these Terms thus creating a binding contractual agreement between You, the user (“You”/ “Your”/ the “User”) and FURAHA SERVICES for ACE Ltd (Company Number 13885741) with registered office in Kunduchi, Dar Es Salaam and trading as FURAHA SERVICES (“Us”/ “We”/ the “Company”).
1. The Services
The Company operates as an intermediary only connecting Passengers with available Drivers
2. Eligibility
a. The Parties may utilize the Application in either of two capacities: as a provider of transportation services (hereinafter referred to as “Driver“), or as a seeker of such services (hereinafter referred to as “Passenger“). Both shall be referred to as “Subscribers“.
b. The Application is not designed for use by individuals under the age of 18 or by individuals who have previously been barred or suspended from using the Application.
c. Upon registering as a Passenger, you declare and guarantee that you are over the age of 18.
3. Account
a. In order to use the Application, registration and the creation of an Account is mandatory.
i. During the registration process, you will be required to furnish us with certain personal information, including but not limited to: your name, email address, mobile number, and bank card information.
b. You declare and guarantee that the information you provide during the account registration process will always be complete, truthful, accurate, and current.
c. If any information provided during the account registration process raises concerns regarding your suitability to maintain an Account, we reserve the right to reject your account registration application at our sole discretion.
d. Your Account is exclusive to you and you agree not to share your account information or allow any third party to access or use your account. You acknowledge that you bear full responsibility for maintaining the confidentiality of your Account and login information.
e. We reserve the right to suspend, cancel, or otherwise prohibit your use of the Application, at our sole discretion, for any reason, including but not limited to, any breach of these Terms by you.
4. Fares
a. All fares for Passengers are calculated and charged based on the meter rate as established by FURAHA SERVICES.
i. Upon receipt of a fare request from a Passenger, the nearest Driver will be notified via the Application.
ii. Drivers have the discretion to either accept or reject the fare.
iii. If a Driver accepts the fare, both the Driver and Passenger will receive each other’s contact information and will be able to track each other’s location through the Application.
iv. In the event a Driver rejects a fare, the next nearest Driver will be notified. This process will repeat until either a Driver accepts the fare, or the Passenger cancels their request.
b. We do not make any guarantees regarding the number or value of fares that you will receive in a given period.
c. Drivers are under no obligation to accept any fare and there are no minimum work hour or fare completion requirements in any given period.
d. Upon accepting a fare, you enter into a contract with the Passenger to perform the requested fare services.
5. Cancellations and No-Shows
a. Driver Cancellations
i. Drivers may cancel a Fare before picking up a Passenger via the appropriate link in the App.
ii. Drivers acknowledge that cancelling a Fare may negatively affect their reputation on the Service and agree to only cancel for valid reason.
iii. We reserves the right to suspend or terminate an Account for frequent cancellations.
b. Passenger Cancellations
i. Passengers may cancel a Fare before pickup and the Driver will receive a notification through the App.
ii. We accept no liability in the event that a Passenger cancels a Fare after you have accepted it and you have no right to claim any compensation from us.
c. No-Shows
i. In case of a No-Show, the Driver should try to contact the Passenger first. ii. We accept no liability in the event that a Passenger is a No-Show, and you have no right to claim any compensation from Us.
6. Drivers
a. As part of the registration process, We verify that all Drivers hold a valid driver’s license.
b. If a Driver’s license has lapsed or been suspended and We are not notified, We reserve the right to suspend the Driver’s Account. However, We cannot guarantee the validity of the Driver’s license and shall not be held liable for any incidents arising from the Driver operating with a suspended license.
7. Direct Communication
a. Direct communication with Drivers outside of the App is prohibited except for the purpose of completing a Fare.
b. Any breach of this provision may result in suspension or termination of your Account by us.
8. Fees
a. You are not required to pay any fee to download and use the App.
9. Payment
a. Passengers may pay Driver in cash as the primary payment option.
b. Customers have the option to make payments to the driver via Mpesa.
c. Passengers have the discretion to provide a discretionary tip to the Driver after the completion of their ride.
10. Relationship
a. FURAHA SERVICES is not an employment agency, and the Drivers are not considered employees of the Company, rather they are independent contractors operating on a self-employed basis.
11. Consent
a. Passengers may pay Driver in cash as the primary payment option.
b. Card payments are processed through Stripe.
c. Passengers have the discretion to provide a discretionary tip to the Driver after the completion of their ride.
12. User Obligations
a. As a Subscriber, you agree to abide by the following provisions:
i. You will not engage in behavior that threatens, harasses, impersonates, stalks, intimidates, endangers, bullies, or discriminates against any other Subscriber.
ii. Your Account is for personal use only and sharing it with any third party is strictly prohibited.
iii. You will not act in a manner that may harm the reputation of FURAHA SERVICES or any affiliated or related entities or engage in any actions contrary to their interests.
iv. You shall not attempt to bypass the App by communicating directly with another Subscriber.
v. You shall not make automated use of the Platform and you shall not modify, adapt, vary, translate, reproduce, or copy the App without prior written consent from the Company.
vi. You shall not use the App for any commercial purposes, money-making endeavours, or promotional activities unless specifically endorsed by the Company or approved in writing by the Company.
vii. You shall not distribute unsolicited commercial content, junk mail, spam, bulk content, or any content of a pornographic or illegal nature.
13. Complaints
a. In the event of dissatisfaction with the Services or any issues with a Driver, you may reach out to us at support@furaharides.com for resolution.
14. Indemnity and Acceptance of Risks
a. You are liable for any damage suffered by us as a result of you violating these Terms.
b. You hereby indemnify and hold us, our officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines and taxes arising out of or related to a breach of these Terms, breach of applicable laws, or third-party claims directly or indirectly related to your use of the App.
c. When booking a Fare for another passenger, you accept these limitations on their behalf and they shall have no right to bring claims against us.
d. If you are booking a Fare for a minor who will not be accompanied by you or another responsible adult, you warrant that you have the authority to make decisions on behalf of such minor and do so at your own risk.
e. When placing your belongings in a car for an unaccompanied Fare, you do so at your own risk and we shall not be liable for any loss or damage to your property.
15. Availability of the App
a. The App is provided “As Is” and “As Available,” without warranty of any kind, and we shall not be held liable for any disruptions or unavailability of the App at any time or in any geographical location for any duration.
b. By downloading the App from the Apple App Store or Google Play store, you agree to the following:
i. To be bound by the terms and conditions of either the Apple App Store or Google Play store, as applicable, relating to app downloads.
ii. To accept updates to the App that may be issued through either the Apple App Store or Google Play store, as applicable, and to understand that some updates may require downloading the latest version of the App and accepting new terms.
iii. To assume responsibility for the safety and security of any devices used to download and access the App.
c. Availability of the App in all territories and at all times is not guaranteed.
d. The effective operation of the App on any device used by you is not guaranteed.
e. We reserve the right to modify, withdraw, discontinue, or change the App or any part thereof at any time and without prior notice to you.
16. Limited License
a. You are granted a non-exclusive, non-transferable, royalty-free license to use the App. However, these Terms do not convey to you any rights, title, or ownership interests in the App or any content made available to you through the App.
b. You may not use, copy, modify, or transfer the App (including any related documentation) or any copies, in whole or in part, including any printouts of all or part of any database, except as expressly allowed under this license.
c. By utilizing the App, you consent to our collection and use of technical information and data related to the devices used to access the App and any related software, for the purpose of improving our products and providing Services to you.
17. Collection Notice and Privacy
a. We gather personal information about you to allow you to access and utilize our App, provide you with the Services, verify your personal information, communicate with you, respond to your inquiries, and for other purposes as outlined in our Privacy Policy.
b. Our Privacy Policy provides additional information regarding the use, disclosure, and storage of your personal information and explains how you can access and make corrections to your personal information.
c. By using our App, you agree to comply with the provisions outlined in our Privacy Policy, which can be found in de dedicated section.
18. Intellectual Property
a. The Company retains all rights and ownership of any materials created or provided in connection with the App, including text, graphics, logos, design, icons, images, audio and video recordings, pricing, downloads, and software (referred to as “App Content“), and retains all rights in any intellectual property rights it owns or has a license for that are not explicitly granted to you.
19. Confidentiality
a. You agree to the following:
ii. You shall not disclose or make available any information owned by us, including but not limited to system operations, documents, marketing strategies, staff information, and Passenger information, to any third parties.
ii. You shall maintain the confidentiality of all communications regarding the details of other Subscribers on this App, and shall not distribute or disclose such information to any third party or other Subscriber without the prior written consent of the Company, except as required by law.
20. No Implied Warranty
a. You acknowledge that, in accepting these Terms, you have not relied on any representations, warranties or other provisions except as expressly provided for in these Terms and any condition, warranty or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
21. Exclusion of Implied Warranties
a. By accepting these Terms, you agree that you have not relied on any representations, warranties, or other provisions not explicitly stated in these Terms. All conditions, warranties, or other terms implied by statute or common law are excluded from this agreement to the fullest extent allowed by law.
22. No Liability
a. The Company shall not be held liable for any claims, losses, damages, or expenses arising under or in connection with these Terms, to the fullest extent permitted by law, except in the event of death or personal injury caused by the Company’s negligence.
b. The Company shall not be held responsible for any indirect, incidental, special, or consequential damages, loss of data, business opportunities, goodwill, profits, revenue, or anticipated savings related to the App, these Terms, or any services provided by a Driver, to the maximum extent permitted by law.
23. Waiver
a. The Company’s failure to enforce any right or require performance of an obligation under these Terms does not constitute a waiver of such right or obligation and will not affect the Company’s ability to enforce such right or require performance in the future.
b. Any leniency or forbearance shown towards a breach of these Terms does not waive the Company’s right to enforce future or continuing breaches of these Terms.
24. Severance
a. If any provision of these Terms is found to be invalid or unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect. The invalidity of one provision shall not impact the validity of the rest of the agreement.
25. Joint and Several Liability
Any obligation or liability taken on by, or right given to, multiple individuals is binding and advantageous to them collectively and individually.
26. Third Party Rights
a. The provisions in these Terms are not enforceable by or for the benefit of any third party.
27. Assignment
a. Without the Company’s prior written approval, you cannot delegate, transfer, or otherwise convey any of your rights or responsibilities under these Terms.
28. Changes to These Terms
a. The Company retains the right to modify these Terms at its sole discretion, with changes taking effect upon their publication on the App.
b. If the changes are substantial, we may send you a notification via email (if we have your email on file) regarding such amendments. Nevertheless, you are responsible for regularly reviewing these Terms.
c. Your continued use of the App following the updated Terms signifies your agreement to be bound by them. If you disagree with the new Terms, either in full or in part, you must discontinue use of the App.
29. Entire Agreement
a. These Terms and the privacy policy represent the complete agreement between the Company and you, replacing any prior negotiations, interactions, arrangements, understandings, expressed or implied, regarding your use of the App.
30. Governing Law and Jurisdiction
a. The laws of The United Republic of Tanzania govern these Terms and any disputes arising from them;
b. You acknowledge and agree to the jurisdiction of The United Republic of Tanzania courts in any proceedings related to these Terms or your use of the App.
31. Promotions and Codes
a. FURAHA SERVICES acts as a mediator and connects Passengers with available Drivers only. At its discretion, FURAHA SERVICES may create promotions and promotional codes that can be redeemed for credits or other benefits related to the FURAHA SERVICES services and/or third-party services. Such codes are subject to terms established by FURAHA SERVICES and may have a limited validity. FURAHA SERVICES reserves the right to withhold or deduct credits or benefits obtained through the use of Promo Codes if it determines that their use or redemption was erroneous, fraudulent, illegal, or in violation of the Promo Code terms or these Terms. FURAHA SERVICES also reserves the right to change these terms.
b. If the fare amount is higher than the promotional value, the payment method selected will be charged the difference. No refunds will be made for fares lower than the promotional value.
c. For inquiries about Promo Codes, please send and email to support@furaharides.com.
32. Definitions and Interpretation
a. Singular and Plural – The singular form of a word includes its plural form (and vice versa).
b. Gender – Words indicating a specific gender include the corresponding words of any other gender.
c. Defined Terms – When a word or phrase is given a defined meaning, its alternate forms of speech or grammar also have the same meaning.
d. Person – The term “person” or “you” refers to an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust, or any other entity.
e. Party – A reference to a party includes its executors, administrators, successors, and permitted assigns, including those taking over by novation. In the case of a trustee, it includes any substitute or additional trustee.
f. Document – A reference to a document, including this agreement, refers to that document as it may be varied, novated, ratified, or replaced from time to time.
g. Headings – The headings and bolded text are for convenience only and do not impact interpretation.
h. Includes – The term “includes” or any similar word, in any form, is not limiting.
i. Adverse Interpretation – No provision of this agreement will be interpreted against a party due to the fact that they were responsible for drafting the agreement or that provision.
j. Intellectual Property Rights – This term refers to all rights related to copyright, trademark, design, patent, trade, business, company, and domain names, confidential information, and other proprietary rights, including the right to register these rights, created before or after the date of this agreement, in The United Republic of Tanzania and globally.
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