Terms of Service

1. Acceptance of Terms

Welcome to MzGo. These Terms of Service ("Terms") govern your use of the MzGo mobile application, website, and delivery services (collectively, the "Services") operated by MzGo Logistics ("MzGo," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services.

2. Our Services

MzGo is a technology platform that connects customers who need goods delivered with independent driver partners who provide delivery services. We offer:

• On-Demand Delivery: Same-day delivery services across Nairobi
• Multiple Vehicle Types: Mkokoteni, boda boda, pickup trucks, and lorries
• Business Solutions: Bulk booking, centralized billing, and API access for businesses
• Real-Time Tracking: GPS tracking for all deliveries

MzGo acts as an intermediary platform. Driver partners are independent contractors, not employees of MzGo.

3. User Accounts

3.1 Account Creation

To use our Services, you must:

• Be at least 18 years old
• Provide accurate, complete registration information
• Maintain a valid phone number and email address
• Create a secure password and keep it confidential

3.2 Account Responsibility

You are responsible for all activity under your account. You must:

• Keep your login credentials secure
• Notify us immediately of any unauthorized access
• Not share your account with others
• Not create multiple accounts for fraudulent purposes

3.3 Account Verification

We may require identity verification for security purposes. Failure to complete verification may result in limited access to Services.

4. Customer Terms

4.1 Booking Deliveries

When you book a delivery:

• Provide accurate pickup and dropoff addresses
• Ensure someone is available to hand over and receive the items
• Provide accurate description of items and their approximate weight/size
• Package items appropriately for transport

4.2 Prohibited Items

You may not send:

• Illegal drugs or controlled substances
• Weapons, explosives, or hazardous materials
• Stolen goods or contraband
• Live animals (without prior arrangement)
• Cash exceeding KES 50,000
• Perishable goods without appropriate packaging
• Items prohibited by Kenyan law

4.3 Cancellations

• Before driver assignment: Free cancellation
• After driver assignment: May incur a cancellation fee
• After pickup: Full fare applies

4.4 Delivery Confirmation

Deliveries are confirmed via PIN code, recipient signature, or photo proof. Disputes must be raised within 24 hours of delivery.

5. Driver Partner Terms

5.1 Eligibility

To become a driver partner, you must:

• Be at least 18 years old
• Have a valid National ID or passport
• Hold a valid driving license (for motorized vehicles)
• Have valid vehicle insurance and registration
• Possess a Good Conduct Certificate
• Pass our background verification process

5.2 Independent Contractor Status

Driver partners are independent contractors, not employees. You:

• Control your own schedule and working hours
• May work for other platforms
• Are responsible for your own taxes and expenses
• Must maintain your own vehicle insurance

5.3 Driver Obligations

As a driver partner, you agree to:

• Maintain valid documents at all times
• Keep your vehicle clean and in good condition
• Handle all items with care
• Complete deliveries in a timely manner
• Treat customers with respect and professionalism
• Not consume alcohol or drugs while working
• Follow all traffic laws and regulations

5.4 Commission & Payouts

• MzGo charges a commission on completed deliveries (currently 20%)
• Payouts are processed weekly to M-Pesa
• Minimum payout threshold: KES 500
• Commission rates may change with 30 days notice

5.5 Ratings & Deactivation

Drivers are rated by customers. Consistently low ratings, policy violations, or fraudulent activity may result in temporary suspension or permanent deactivation.

6. Business Account Terms

6.1 Business Accounts

Business accounts are intended for companies making regular deliveries. Additional features include:

• Bulk booking and CSV upload
• Multiple team members
• Monthly invoicing options
• Analytics dashboard
• API access (Enterprise tier)

6.2 Billing

Business accounts may select:

• Pay-as-you-go: Pay per delivery via M-Pesa or card
• Monthly invoicing: Consolidated invoice with net-14 payment terms (subject to approval)

Late payments may incur interest at 2% per month and result in service suspension.

6.3 API Usage

API access is subject to our API Terms of Use. You must not:

• Exceed rate limits
• Share API credentials
• Use the API for unauthorized purposes
• Resell API access without permission

7. Payments & Pricing

7.1 Pricing

Delivery prices are calculated based on:

• Distance between pickup and dropoff
• Vehicle type selected
• Time of day (peak hour pricing may apply)
• Any additional stops

You will see the estimated price before confirming your booking. Final price may vary if actual distance differs significantly.

7.2 Payment Methods

We accept:

• M-Pesa
• Credit/Debit cards (via Paystack)
• MzGo wallet balance
• Corporate invoicing (approved business accounts)

7.3 Refunds

Refunds may be issued for:

• Cancellations before driver pickup
• Failed deliveries due to driver fault
• Significant service issues (at our discretion)

Refund requests must be submitted within 7 days. Approved refunds are processed within 5-7 business days.

8. Prohibited Activities

You may not:

• Use our Services for any illegal purpose
• Harass, threaten, or abuse drivers, customers, or MzGo staff
• Provide false information or impersonate others
• Manipulate pricing or exploit system vulnerabilities
• Create fake accounts or reviews
• Interfere with platform operations
• Reverse engineer our applications
• Use automated systems to access our Services without permission
• Circumvent safety or security features

9. Limitation of Liability

9.1 Service Disclaimer

Our Services are provided "as is" without warranties of any kind. We do not guarantee:

• Continuous, uninterrupted service availability
• Specific delivery times (estimates only)
• That our Services will meet all your requirements

9.2 Liability Cap

To the maximum extent permitted by law:

• MzGo's total liability for any claim shall not exceed the amount paid for the specific delivery in question
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for items damaged due to inadequate packaging
• Liability for lost or damaged items is capped at KES 50,000 unless additional insurance is purchased

9.3 Driver Actions

Driver partners are independent contractors. While we vet all drivers, we are not liable for their actions outside of deliveries or for criminal acts.

10. Dispute Resolution

10.1 Customer Support

For delivery issues, contact our support team first:

• In-app support chat
• Email: support@mzgo.co.ke
• Phone: +254 723 079 329

We aim to resolve disputes within 48 hours.

10.2 Formal Disputes

If informal resolution fails:

1. Submit a written complaint to disputes@mzgo.co.ke
2. We will respond within 14 days
3. If unresolved, disputes shall be submitted to arbitration under the Arbitration Act of Kenya

10.3 Governing Law

These Terms are governed by the laws of Kenya. Courts in Nairobi, Kenya shall have exclusive jurisdiction.

11. Termination

11.1 By You

You may close your account at any time by contacting support. Outstanding payments must be settled before account closure.

11.2 By MzGo

We may suspend or terminate your account for:

• Violation of these Terms
• Fraudulent or illegal activity
• Repeated complaints from other users
• Non-payment (business accounts)
• Extended inactivity (12+ months)

We will provide notice before termination unless immediate action is required for safety or legal reasons.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via:

• Email notification
• In-app notification
• Website announcement

Continued use after changes constitutes acceptance. If you disagree with changes, you must stop using our Services.

13. Contact Information

For questions about these Terms:

• Email: legal@mzgo.co.ke
• Phone: +254 723 079 329
• Address: MzGo Logistics, Nairobi, Kenya