Terms of Service(ToS)
PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE "TERMS OF SERVICE" CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and eBebewa (“eBebewa,” “we,” or “us”). You must read, agree to, and accept all of the Terms and Conditions contained in this Agreement to be a User of our webSite/App (the “Site”) located at www.eBebewa.com, or our eBebewa App located at the Google play store.
To access and use certain portions of the Site/App and the Site/App Services, you must register for an Account (i.e., as either a Client or a Freelance Delivery Driver). By registering for an account to use the Site/App or Site/App Services (an “Account”), by using the Site/App or Site/App Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
When you register for an Account to join eBebewa and create a User profile (“Profile”), you agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site/App or provide to us and to update your information accordingly to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, or the services your business provides and to correct any such information that is or becomes false or misleading.
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on eBebewa platform. You authorize eBebewa, directly or through our third parties, to make any inquiries necessary to validate your identity, location, and confirm ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to providing official government or legal documents. During verification some Account features may be temporarily limited. When verification is successfully completed, Account features will be fully available.
When registering for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize eBebewa to assume that any person using the Site/App with your username and password, either is you or an authorized person acting on your behalf. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site/App if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.
The Site/App is a Marketplace where Clients and Freelance Delivery Drivers (the “Freelancers” or “Drivers”) can identify each other and advertise, buy, and sell their Services online. Subject to the Terms of Service, eBebewa provides the Site/App Services to Users, including hosting and maintaining the Site, and facilitating the formation of Service Contracts. When a User enters a Service Contract, the User uses the Site/App to invoice and pay the amounts owed under the Service Contract.
eBebewa Marketplace Services enable registered Drivers, vehicle owners, and Fleet Partners, as well as third-party vehicle suppliers, to offer services and vehicles, as well as to search for, communicate, and transact directly with each other through a platform hosted by e-Bebewa.
eBebewa does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any vehicles or Drivers or services provided by Fleet Partners or vehicle owners. When Drivers reserve a vehicle or join a fleet, they are entering into a contract directly with the vehicle owner or Fleet Partner. eBebewa is not and does not become a party to or other participants in any contractual relationship between drivers, vehicle owners, vehicle suppliers, nor Fleet Partners. eBebewa is not acting as an agent in any capacity for any party using our Marketplace Services. All contractual and payment arrangements between users of our Marketplace Services are the sole responsibility of the parties, not e-Bebewa, and these parties need to make sure they comply with all applicable laws. eBebewa does not act as a guarantor for any user of the Marketplace Services.
eBebewa merely makes the Site/App and Site/App Services available to enable Freelancers and Clients find and transact directly with each other. eBebewa does not introduce Freelancers to Clients, find delivery orders/jobs for Freelancers, or find Freelancers for Clients. Through the Site/App and Site/App Services, Freelancers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Freelancers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any delivery order/job, Client or Freelancer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and eBebewa is not a party to that Service Contract.
Your use of our Marketplace Services is voluntary and at your sole risk. You acknowledge, agree, and understand that eBebewa is not a party to the relationship or any dealings between Clients and Freelancers. Without limitation, Users are solely responsible for:
- determining the truth or accuracy of any Vehicle Listing descriptions, ratings, reviews, or other information about you including, without limitation, your name, likeness (collectively, “Profile”),
- ensuring the existence, quality, safety, suitability, or legality of any Vehicle Listings or Agency Services,
- determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions);
- negotiating, agreeing to, and executing any terms or conditions of Service Contracts;
- the performance or conduct of any Driver or third party.
- paying for Freelancer Services.
eBebewa does not endorse any Driver, Vehicle Listing or Agency Services. You should always exercise due diligence and care when deciding whether to use a Vehicle, use other Agency Services, or communicate and interact with other users of the Marketplace Services.
You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User. eBebewa does not make any representations about or guarantee the truth or accuracy of any Freelancer’s or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Freelancers or Clients; and does not vet or otherwise perform background checks on Freelancers or Clients.
You acknowledge, agree, and understand that eBebewa does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any delivery order, delivery terms or delivery product. eBebewa makes no representations about and does not guarantee, and you agree not to hold eBebewa responsible for, the quality, safety, or legality of Freelancer Services; the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services; the ability of Clients to pay for Freelancer Services; User Profiles and statements or posts made by Users; or the ability or willingness of a Client or Freelancer to actually complete a transaction.
You also acknowledge, agree, and understand that Freelancers are solely responsible for determining, and have the sole right to determine, which delivery orders to accept; the time, place, manner, and means of providing any Freelancer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that:
a) you are not an employee of eBebewa, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance);
b) eBebewa will not have any liability or obligations, including under or related to Service Contracts and/or Freelancer Services for any acts or omissions by you or other Users;
c) eBebewa does not, in any way, supervise, direct, or control any Freelancer or Freelancer Services; does not impose quality standards or a deadline for completion of any Freelancer Services; and does not dictate the performance, methods or process Freelancer uses to perform services;
d) Freelancer is free to determine when and if to perform Freelancer Services, including the days worked and time periods of work, and eBebewa does not set or have any control over Freelancer’s pricing, work hours, work schedules, or work location, nor is eBebewa involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Freelancer for a delivery order;
e) Freelancer will be paid at such times and amounts as agreed with a Client in a given Service Contract, and eBebewa does not, in any way, provide or guarantee Freelancer a regular salary or any minimum, regular payment;
f) eBebewa does not provide Freelancers with training or any equipment, labor, tools, or materials related to any Service Contract; and
g) eBebewa does not provide the premises at which Freelancers will perform the work.
Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that:
a) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency;
b) eBebewa is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults;
c) neither Agencies nor Agency Members are employees or agents of eBebewa;
d) eBebewa does not, in any way, supervise, direct, or control the Agency or Agency Members;
e) eBebewa does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Clients, fees, pricing, work hours, work schedules, or location of work;
f) eBebewa does not provide Agencies or Agency Members with training or any equipment, labour, tools, or materials needed for any Service Contract;
g) eBebewa does not provide the premises at which the Agency or Agency Members will perform the work; and
h) eBebewa makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and eBebewa disclaims any and all liability relating thereto.
If a Client and Freelancer decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Client and Freelancer. Client and Freelancer have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract.
You acknowledge, agree, and understand that eBebewa is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between eBebewa and any User or a partnership or joint venture between eBebewa and any User.
7.1 Freelancer Earnings and Fees
Earnings: Clients and Freelancers set the delivery charges, based on mutual negotiation and agreement. Clients pay through the Marketplace platform using their preferred Payment Methods (i.e. credit cards or MPesa). Cash payment to Freelancers for services rendered is not allowed.
Service Fees: Freelancers will pay eBebewa 20% of their earnings per delivery order/job as service fees, for the use of the Site/App Services including the communication, invoicing, reporting, and payment services. The Service Fees (to use the Site/App Services) are paid solely by Freelancers.
Disbursement Fees: Freelancers will pay eBebewa a disbursement fee for remitting payments to their preferred payment method (“Disbursement Fee”). The Disbursement Fee is paid to eBebewa in consideration of costs incurred and administration of disbursements via the disbursement method requested by Freelancer and varies by disbursement method. In addition to fees charged by eBebewa, your disbursement method may also charge activation, maintenance, or other account fees.
7.2 Payment Methods
a) Client is legally authorized to provide such information;
b) Client is legally authorized to make payments using the Payment Method(s);
c) if Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on eBebewa platform; and
d) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.
When Client authorizes a payment using a Payment Method via the Site, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
eBebewa is not liable to any User if eBebewa does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. eBebewa will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement.
7.3 Taxes and Benefits
Freelancer acknowledges and agrees that Freelancer is solely responsible:
a) for all tax liability associated with payments received from Freelancer’s Clients and through eBebewa platform, and that eBebewa will not withhold any taxes from payments to Freelancer;
b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Freelancer is not covered by or eligible for any insurance from eBebewa;
c) for determining whether Freelancer is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; and
d) for determining whether Freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate.
If Client is in “default”, meaning the Client fails to pay the Freelancer for services delivered or any other amounts when due under the Terms of Service, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of eBebewa), eBebewa will be entitled to the remedies that may be available under applicable law or in such written agreement.
For the avoidance of doubt, Client will be deemed to be in default on the earliest occurrence of any of the following:
a) Client fails to pay the Freelancer Fees when due;
b) Client fails to pay a balance that is due or to bring an account current after a credit or debit card is declined or expires; or
c) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client’s account.
If Client is in default, we may, without notice, temporarily or permanently close Client’s Account and revoke Client’s access to the Site/App and Site/App Services, including Client’s authority to use the Site/App to process any additional payments, enter into Service Contracts, or obtain any additional Freelancer Services from other Users through the Site/App.
However, Client will remain responsible for any amounts that accrue on any open delivery orders/jobs at the time a limitation is put on the Client’s Account as a result of the default. Without limiting other available remedies, Client must pay Freelancer upon demand for any amounts owed and other costs of collection to the extent permitted by applicable law.
You agree that you are solely responsible for compliance with any laws, rules, or regulations applicable to your use of eBebewa Marketplace Services, including Vehicle Listings and/or Agency Services you offer or receive.
As a User of eBebewa platform, you agree to make and keep all required records, as detailed below:
a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, Ministries of Transport and Health;
b) provide copies of such records to eBebewa upon request. Nothing in this subsection requires or will be construed as requiring eBebewa to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site/App will not be construed as creating any responsibility on eBebewa’s part to store, backup, retain, or grant access to any information or data for any period.
eBebewa is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
a) your use of or your inability to use our Site/App or Site/App Services;
b) delays or disruptions in our Site/App or Site/App Services;
c) viruses or other malicious software obtained by accessing, or linking to, our Site/App or Site/App Services;
d) glitches, bugs, errors, or inaccuracies of any kind in our Site/App or Site/App Services;
e) damage to your hardware device from the use of the Site/App or Site/App Services;
f) the content, actions, or inactions of third parties’ use of the Site/App or Site/App Services;
g) a suspension or other action taken with respect to your Account;
h) your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
i) your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
Our Marketplace Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. eBebewa is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by eBebewa of such Third-Party Services.
eBebewa does not guarantee the continuous and uninterrupted availability and accessibility of eBebewa Marketplace Services. eBebewa may improve, enhance, modify or restrict the availability of eBebewa Marketplace Services or certain areas or features thereof for any reason in its sole discretion with no further notice to you.
ALSO, IN NO EVENT WILL eBebewa, OUR AFFLIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES.
eBebewa reserves the right to modify this Agreement at any time in accordance with this provision. If you disagree with the revised Terms of Service, you should no longer use the Marketplace Services. Your continued access to or use of the Marketplace Services will constitute acceptance of the revised Terms of Service.
In addition, eBebewa reserves the right to modify or terminate the Marketplace Services and your access to the Marketplace Services for any reason, including but not limited to a violation of these Terms of Service, at any time.
If you have any questions about these Terms of Service, please contact us at https://support.eBebewa.com or legal@eBebewa.com.
If a dispute arises between you and eBebewa or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. This section discusses your agreement with eBebewa and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally.
12.1 Dispute Scope
Accordingly, you, eBebewa, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, the other Terms of Service, your relationship with eBebewa, the termination of your relationship with eBebewa, or the Site/App Services (each, a “Claim”) in accordance with this Section (sometimes referred to as the “Arbitration Provision”).
Claims covered by this Arbitration Provision include, but are not limited to, all claims, disputes, or controversies arising out of or relating to this Agreement, the Site/App, Site/App Services, the Terms of Service, any Service Contract, payments or agreements, any payments or monies you claim are due to you from eBebewa or our Affiliates, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, termination, discrimination, and retaliation or harassment.