Kibanda Express Ltd – Terms and Conditions

KIBANDA EXPRESS LTD – TERMS AND CONDITIONS (T&Cs)

Version: October 2025 | Jurisdiction: Republic of Kenya

Last Updated: October 2025

SECTION 1: Legal Introduction & Contractual Acceptance
SECTION 2: Definitions & Interpretation
SECTION 3: User Eligibility & Account Registration
SECTION 4: Platform Modules & Functional Scope
SECTION 5: Ordering, Errands, & Delivery Process
SECTION 6: Payments, Fees, & Subscription Terms
SECTION 7: Refunds, Cancellations, & Returns
SECTION 8: Vendor & Rider Terms
SECTION 9: Content, Data, & Privacy
SECTION 10: Prohibited Uses & Platform Abuse
SECTION 11: Limitation of Liability & Indemnity
SECTION 12: General Provisions & Contact Information

SECTION 1: LEGAL INTRODUCTION & CONTRACTUAL ACCEPTANCE

1.1 Legal Identity and Notice
These Terms and Conditions (“Terms”) govern your access to and use of the services offered by Kibanda Express Ltd, a private company registered under the laws of the Republic of Kenya, with its principal office located at Benmark Complex, Athi River, Machakos County.
Kibanda Express Ltd (“Kibanda”, “we”, “us”, or “our”) operates a multi-service digital platform designed to facilitate the ordering, fulfillment, and delivery of goods and services within residential estates and approved service zones.
The Platform is accessed through our mobile app and official website, and includes grocery delivery, cooked meals, errands, pharmacy, transport bookings, and parcel services.

1.2 Nature of the Platform
Kibanda is a technology-based coordination service that connects independent vendors, riders, drivers, and agents with users (“Users” or “Customers”) in need of fast, reliable estate-level services. Kibanda does not manufacture, cook, sell, prescribe, or transport goods directly.

Delivery within 30–60 minutes for orders above KES 50, fulfilled by estate-based riders using bicycles
An optional VIP Plan (KES 500/month) for customers seeking priority treatment and fast delivery windows

Kibanda is not responsible for vendor stock, pricing, freshness, or late deliveries caused by external factors (e.g., traffic, estate access, weather).

1.3 Binding Agreement and Consent
By accessing, registering on, or using the Kibanda Platform, you agree to be legally bound by these Terms. Your continued use of any service module — including placing orders, sending errands, receiving deliveries, or creating an account — signifies ongoing acceptance of the latest Terms.
If you do not agree with any part of these Terms, you must not access or use the Platform.
Use of the Platform on behalf of another party (e.g., child, employer, relative) confirms that you have the legal authority to bind them to these Terms.

1.4 Amendments and Right of Modification
Kibanda reserves the right to modify, revise, or replace these Terms at any time. All changes will be effective upon posting to the Platform or sending notice via email, SMS, or in-app notification.
Users are expected to review Terms regularly. Continued use of the Platform after changes are posted constitutes full acceptance of the revised Terms.

1.5 Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Kenya. Any dispute arising shall be:
1. First resolved through Kibanda’s internal support and dispute resolution system;
2. If unresolved, escalated to binding arbitration under the rules of the Chartered Institute of Arbitrators – Kenya Chapter (CIArb Kenya);
3. Where necessary, submitted to the exclusive jurisdiction of the Commercial Division of the High Court of Kenya at Machakos.
No provision of these Terms waives or reduces any statutory consumer protection right that cannot be lawfully excluded.

SECTION 2: DEFINITIONS & INTERPRETATION

2.1 Defined Terms
Unless the context indicates otherwise, the following definitions shall apply throughout these Terms:

“Kibanda” or “the Platform”: Refers to the digital service operated by Kibanda Express Ltd, including all mobile applications, websites, back-office systems, and service modules.
“User” or “Customer”: Any individual who accesses or uses the Platform to request, place, receive, or coordinate an order or service.
“Vendor”: Any third-party business, merchant, or individual seller authorized to offer goods or services on or through the Platform.
“Rider” / “Driver”: An independent service provider registered on the Platform to deliver, dispatch, or fulfill services using a bicycle, motorcycle, tuk-tuk, or car.
“Agent”: A Kibanda-assigned person performing errands or shopping tasks on behalf of the User, especially in relation to non-partner vendors.
“Order”: A confirmed transaction on the Platform initiated by a User, involving delivery, purchase, or errand fulfillment.
“Module”: A distinct vertical service offered by Kibanda, including but not limited to: Groceries, Kitchen, Pharmacy, Estate Rides, Soko (Retail), and Parcels.
“Grocery Order”: Any order placed through the Grocery Module for perishable or non-perishable items from listed vendors or errand outlets.
“Minimum Order Value (MOV)”: The lowest permitted value (KES 100) for any grocery order to qualify for free delivery.
“VIP Plan”: A subscription product offered at KES 500 per month, allowing Users to access priority delivery for groceries (target window: 15–25 minutes).
“Wallet”: A virtual payment balance held within a User’s account, usable for subscriptions, tips, and purchases.
“Zone” or “Service Area”: Any estate, building complex, or defined neighborhood within which Kibanda provides services.
“Partner Store”: Refers to an officially recognized vendor, merchant, or business that has entered into a formal partnership agreement with Kibanda Express Ltd...
“Errand Store”: Refers to a non-partner vendor or outlet where Kibanda agents, with verbal or written consent from the store, assist customers in shopping and completing purchases...

2.2 Interpretation Clauses
• Words in the singular include the plural, and vice versa.
• Headings are for reference only and do not affect interpretation.
• “Including” or “such as” shall be interpreted to mean “without limitation.”
• Time references are in East Africa Time (EAT) unless stated otherwise.
• If there is a conflict between translations, the English version shall prevail.

SECTION 3: USER ELIGIBILITY & ACCOUNT REGISTRATION

3.1 Legal Eligibility
Only individuals who meet the following criteria may use the Platform:
• Are at least eighteen (18) years old;
• Possess full mental and legal capacity under the Laws of Kenya.
By registering, the User affirms that they meet the above eligibility requirements and that any provided information is true, complete, and current.

3.2 Identity and Verification
To uphold transaction security and legal compliance, Kibanda reserves the right to:
• Request national ID, passport, or mobile phone verification;
• Deny or suspend accounts with falsified or unverifiable data;
• Perform periodic identity verification (KYC) checks.
Failure to pass such checks may result in account deactivation without refund.

3.3 Geographic Access Control
Platform access is restricted to defined Zones within Kenya, including but not limited to:
• Greatwall Gardens 1–4 and environs.
Users may not place orders from unlisted or unsupported areas. Kibanda may enforce geo-fencing or service restrictions based on real-time coverage, rider availability, or security concerns.

3.4 Account Security Obligations
The User agrees to:
• Maintain the confidentiality of their password and device access;
• Immediately report any unauthorized use or suspicious activity;
• Accept full responsibility for all actions taken under their account.
Kibanda shall not be liable for loss or misuse arising from failure to comply with these duties.

3.5 Single Account Policy
Each person may only hold one User account. The following are expressly prohibited:
• Registering multiple accounts under false or variant identities;
• Sharing login credentials or reassigning accounts to other individuals;
• Switching between User and Vendor roles within the same account.
Accounts found in violation will be suspended or permanently banned.

3.6 Suspension and Termination
Kibanda may suspend, restrict, or permanently disable any account without prior notice if:
• Fraudulent, abusive, or inappropriate activity is detected;
• Repeated delivery refusals or refund abuse is observed;
• The account endangers rider safety, vendor cooperation, or platform trust.
Decisions to suspend are final, and Kibanda reserves the right to block any re-registration attempt.

SECTION 4: PLATFORM MODULES AND FUNCTIONAL SCOPE

Kibanda Express Ltd offers a multi-service digital Platform structured around distinct operational modules (“Modules”), each designed to address localized user needs for ordering, errands, delivery, and transport within approved Service Areas (“Zones”). Each Module is governed by specific service limits, disclaimers, and operational controls described herein.

Use of any Module is subject to these Terms and may be modified, suspended, or discontinued at the sole discretion of Kibanda for operational or legal reasons.

4.1 Grocery Module
The Grocery Module enables Users to order fresh produce, food staples, and household items from vetted vendors, including but not limited to estate-based mama mbogas, butcheries, and supermarkets.

Minimum Order Value (MOV): All grocery orders must meet a minimum of KES 100 to qualify for delivery.
Delivery Tiers:
- Standard Delivery: From KES 30; estimated time 30–60 minutes.
- VIP Delivery: KES 500/month subscription; delivery in 15–25 minutes, prioritized dispatch.
All deliveries are conducted via estate-based bicycle riders.
Kibanda is not responsible for:
- Item freshness, brand preference, or exact weight
- Vendor pricing fluctuations or substitution decisions
- Delays caused by traffic, estate entry controls, or stock-outs

4.2 Pharmacy Module
This Module enables Users to access and order over-the-counter pharmaceutical items, personal wellness products, and herbal remedies from licensed vendors.

No sale or delivery of prescription-only, controlled, or banned substances.
Kibanda does not:
- Offer medical advice or dosage guidance;
- Verify medical prescriptions or substitutions;
- Accept liability for product effectiveness or side effects.
Riders handling health deliveries are trained in confidential, discreet handling.

Herbal products are provided at the User’s own risk, with no health guarantees.

4.3 Rides Module
The Rides Module enables Users to conveniently request transportation or rent vehicles within and around estate zones through the Kibanda platform. This includes:

Taxi Rides (Per Distance): Users may book private cars or motorcycles for one-way or round-trip transport, with fares calculated based on distance, time, and other relevant factors.
Car Rentals (Self-Drive): Users may rent vehicles for personal use on a daily rate basis. The vehicle is provided by an independent provider and must be returned in the same condition.
Kibanda Boda: Users may request short-distance motorbike rides within estates, offered by verified independent riders operating under Kibanda’s platform.

Provider and Pricing Structure:

All vehicles, motorbikes, and drivers are operated by independent providers who use the Kibanda platform to connect with customers.
Each provider is allowed to register and manage multiple vehicles under their account.
Providers are responsible for setting their own base rates within Kibanda’s allowed pricing range. Prices may vary depending on time, demand, or distance.
Customers may browse available vehicles and select their preferred provider or ride option before booking.

Disclaimers and Liability:

Kibanda Express Ltd acts solely as a digital intermediary between Users and Providers.
Kibanda does not own or operate any of the vehicles, nor does it employ drivers.
Kibanda is not liable for:
- The conduct, driving behavior, or professionalism of any driver or provider.
- The mechanical condition, insurance status, or roadworthiness of any vehicle.
- Accidents, damages, injuries, loss of property, delays due to traffic, or any third-party incidents arising from rides.
- Fare disagreements, overpricing disputes, or route choices made by drivers.

User Responsibilities:

Users are advised to confirm vehicle and driver details before beginning any ride.
Users must ensure safe behavior during trips and comply with local transport and safety regulations.
In case of disputes or complaints, Kibanda may assist in mediation but does not assume legal responsibility for outcomes.

Relationship Disclaimer:
All drivers and providers on the Rides Module are independent contractors, not employees or agents of Kibanda Express Ltd. Use of the Kibanda platform does not create an employer-employee, partnership, or joint venture relationship between Kibanda and any provider.

4.4 Kitchen Module (Coming soon)
The Kitchen Module facilitates the ordering of cooked food and ready meals from approved vendors.

Kibanda does not prepare, store, or package food.
All food safety, hygiene, and allergy-related concerns must be directed to the respective Vendor.
Refunds are not issued for taste, spiciness, temperature, or portion size complaints.
Users with dietary restrictions are advised to avoid this Module unless fully confident in the vendor's capabilities.

4.5 Parcel Module (Coming soon)
The Parcel Module offers real-time, on-demand delivery of categorized packages between Users within estate and surrounding zones.

Categories: Errands, Documents, Groceries, Electronics, Gifts, Flowers, Medication, School Items, Fashion, and more.
Base Rate with minimum fee per category.
Prohibited items: cash, illegal substances, firearms.
User must truthfully declare content; false declarations waive all claims.
Kibanda and Riders are not liable for loss, breakage, or theft, unless gross negligence is proven.
Rider delivery photos or confirmation timestamps shall serve as sufficient delivery proof.

4.6 Partner Stores vs. Errand Stores
Kibanda Express Ltd operates two distinct types of vendor listings on its platform: Partner Stores and Errand Stores. Each functions under different operational and financial arrangements as outlined below.

4.6.1 Partner Stores

Partner Stores are official vendors who have entered into a formal partnership agreement with Kibanda Express Ltd.
These stores manage their own product inventory, prices, and fulfillment.
Orders placed through Kibanda are automatically routed to the Partner Store for preparation and dispatch.
Kibanda earns a standard commission from each completed sale, as mutually agreed in the vendor agreement.
Payment processing fees may apply
Product information, availability, and pricing are updated directly by the store or its authorized representative.
Kibanda’s role is limited to providing the digital infrastructure, delivery coordination, and payment settlement services.

4.6.2 Errand Stores

Errand Stores are non-partner stores served through Kibanda’s Errands & Services model to simplify customer shopping and delivery experiences.
Errand Stores are not directly managed or controlled by the store’s staff; Kibanda agents operate them on behalf of customers.
Prices are estimated from previous in-store prices, receipts, and market trends; actual in-store prices may vary daily.
Kibanda does not guarantee price accuracy for Errand Stores. Any differences are communicated transparently at checkout or after purchase.
All Errand Store activities are conducted with verbal or written consent from the respective stores.
Kibanda does not earn commissions from Errand Store sales; income derives only from delivery or errand fees.
Payments for Errand Store purchases are made directly to the store’s official till or paybill.

4.6.3 Example

“Jaza Supermarket (Errand Store)” is managed by a Kibanda agent who assists customers with shopping, checkout, and delivery. Jaza staff are not responsible for the management or fulfillment of these orders.

4.6.4 Disclaimer

Kibanda Express Ltd shall not be held liable for any price discrepancies, out-of-stock items, or product differences arising from purchases made via Errand Stores. Customers are encouraged to review receipts and contact support in case of clarifications or refund requests.

4.8 Operational Modifications
Kibanda reserves the right to suspend or modify any Module, introduce or discontinue features, or limit functionality to specific Zones, time windows, or customer tiers without notice.

SECTION 5: ORDERING, ERRANDS, AND DELIVERY PROCESS

This Section governs how Users place orders, request errands, and receive deliveries through the Kibanda Platform. It defines the flow of transactions, dispatch obligations, timing expectations, and limits of responsibility.

5.1 Order Placement and Acceptance

Orders must be placed through the official Kibanda app or web platform.
An order is “accepted” only when:
- The selected Vendor or Agent confirms availability; and
- A Rider or Driver is successfully assigned.
Kibanda reserves the right to reject or cancel any order before dispatch for operational, safety, stock, or fraud-related reasons.

5.2 Errands and Third-Party Shopping

Errands refer to custom pickup or shopping requests executed by a Kibanda Rider or Agent.
Examples: grocery shopping at Jaza Supermarket, errands at China Village, item pickups (e.g., lunchboxes, school forms).
Users must provide complete and accurate item details.
Kibanda is not liable for:
- Price changes at third-party shops;
- Item availability or brand mismatches;
- Dissatisfaction from unclear instructions.

5.3 Dispatch Logic and Rider Allocation

Riders and Agents are assigned automatically based on proximity, service type, priority (VIP vs. standard), and availability. Kibanda may reassign or delay dispatch to optimize safety and service quality.

5.4 Delivery Timing: Standard vs VIP

Delivery Type	Target Timeframe
Grocery – Standard	30–60 minutes
Grocery – VIP	15–25 minutes
Kitchen Orders	20–50 minutes
Parcel Deliveries	15–45 minutes
Errands	30–90 minutes

Times are estimates and not guaranteed. Delays may occur due to weather, traffic, rider shortage, or vendor queue times.

5.5 Customer Obligations at Delivery

Users must be reachable, present, and ensure access to their gate or block.
If unreachable after reasonable effort (calls + 5-minute wait), Riders may leave items at security or return them.
No refunds are issued if a User is unresponsive or if items go missing after delivery to the correct location.

5.6 Delivery Failures and Partial Orders

Refunds may be issued if a Rider fails to deliver, Vendor lacks items, or errands fail due to store unavailability.
Kibanda is not liable for mood-based cancellations or uncontrollable delays.

5.7 Force Majeure and Platform Right to Cancel
Kibanda shall not be held responsible for failures caused by riots, floods, power outages, curfews, strikes, or system downtime. Kibanda may cancel orders, notify Users, and issue discretionary Wallet refunds where applicable.

SECTION 6: PAYMENTS, FEES, AND SUBSCRIPTION TERMS

This Section governs the financial operations of the Platform, including payments, pricing, errands, subscriptions, and refunds.

6.1 Accepted Payment Methods

M-Pesa STK Push (coming soon)
Kibanda Wallet (for purchases and refunds)
Cash on Delivery (COD) for verified users only

Kibanda may suspend COD privileges if repeated refusals, refund abuse, or security risks occur.

6.2 Wallet System

Wallet balances arise from top-ups, refunds, or promotions.
Balances are non-withdrawable, non-transferable, and expire after 365 days of inactivity (unless restricted by law).

6.3 Grocery Pricing and Delivery Conditions

Grocery orders must meet the KES 100 minimum.
Non-partner grocery errands incur parcel or errand fees (from KES 30/km).
Free delivery may be suspended for repeated low-value orders or delays caused by users.

6.4 Standard Fees by Module

Service / Module	Fee Type in KES	Notes
Grocery Delivery (Partner)	30/km	Bicycle riders only
Kitchen (Food)	35/km	COD or Wallet only
Pharmacy	35/km	Confidential handling
Errands (Errand Stores)	35/km + Errand Fee	From errand stores
Parcel Delivery	35–50/km	Category-based minimums
Rides	Dynamic fare	Displayed before booking

6.5 Errand Fee Logic

Applied when Riders must shop manually, queue, or pick up unspecified/custom items.
Errand fees vary by distance, stores, or complexity and are non-refundable once started.

6.7 Promotions and Vouchers

Promo codes must be entered at checkout and cannot be applied retroactively.
Each voucher carries expiry or module conditions.
Kibanda may revoke promotions where misuse is detected.

6.8 Chargebacks and Fraud Protection

Users are prohibited from initiating reversals after fulfillment or refund.
Fraudulent chargebacks result in account suspension, legal follow-up, and forfeiture of Wallet balances.

SECTION 7: REFUNDS, CANCELLATIONS, AND RETURNS

This Section outlines the conditions under which Users may receive refunds, cancel orders, or request redelivery. Kibanda enforces strict refund eligibility rules to protect vendors, riders, and agents from operational losses caused by customer misuse or ambiguity.

7.1 General Refund Principles

Refunds are discretionary and only granted in clear cases of service failure.
Refunds will be issued as Wallet credit (default) or M-Pesa reversal (rare exceptions).
Claims must be made within 24 hours of the incident and supported with order ID and proof.
Kibanda may deny any claim lacking evidence, submitted late, or appearing abusive or fraudulent.

7.2 Eligible Refund Scenarios

Order not delivered due to platform or Rider failure;
Rider collected wrong item (with proof);
Vendor confirmed item unavailable after payment;
Errand executed wrongly (wrong store/item/quantity);
Payment error or duplicate billing through platform fault.

7.3 Strictly Non-Refundable Items

Cooked food or meals;
Fresh groceries (unless not delivered);
Pharmacy items (modern or herbal);
Personal or hygiene products;
Correctly delivered products later disapproved for preference;
Errands completed as instructed even if store/product unsatisfactory;
Delays caused by User absence or gate inaccessibility.

7.4 Cancellation Terms

Before Dispatch — free cancellation.
After Dispatch — may be rejected or charged for rider time/fuel.
Errands — cannot be canceled once shopping has begun.
Kibanda may cancel orders for stock-outs, rider shortage, safety, or payment failure.

7.5 Delivery Refusal and Unreachable User

Rider will call twice and wait 5 minutes; may deliver to security if safe.
If unsuccessful, the order is marked delivered — no refund.
Repeated refusals may trigger mandatory prepayment or suspension.

7.6 Proof and Escalation

Photo or chat evidence required for damage/miscommunication.
Kibanda’s reviewed decision is final.
External escalation valid only after internal options exhausted or in fraud/health-harm cases.

SECTION 8: VENDOR AND RIDER TERMS

This Section governs responsibilities, conduct, and commercial relations between Kibanda Express Ltd and its Vendors, Riders, Drivers, and Agents. All are independent contractors, not employees.

8.1 Independent Contractor Relationship

Vendors/Riders handle their own legal, tax, and licensing obligations.
Nothing here creates partnership, employment, or agency with Kibanda.

8.2 Vendor Obligations

Provide accurate listings and prices; update out-of-stock promptly.
Prepare and package orders within agreed SLA (10–15 min).
Maintain hygiene and consumer-ready standards.
Avoid price manipulation or off-platform redirection.
Vendors are liable for expired, unsafe, or misrepresented products.

8.3 Rider and Driver Obligations

Hold valid ID and vehicle documents.
Handle items professionally and safely.
Avoid misconduct or harassment.
Complete assigned routes and update delivery status.
Return undelivered items promptly.
Do not exchange personal contacts, solicit tips/bribes, or share user data.

8.4 Commission and Payment Structure

Type	Details
Commission Model	6 % for early adopters – higher for others
Subscription Model	Vendors may pay fixed monthly rate for listing + perks

Riders paid per task (distance + bonuses + tips, weekly payout).
Kibanda may adjust commissions with 7-day notice or impose penalties for poor service.

8.5 Compliance and Conduct Enforcement

Party	Possible Penalties
Vendor	Temporary delisting, fee increase, or removal
Rider	Suspension, blocking, or payout forfeiture

All consent to random audits, “mystery” orders, and satisfaction surveys.

8.6 Dispute Resolution for Vendors & Riders

Formal requests via info@kibandaexpress.com.
Response within 5 working days; unresolved matters proceed to CIArb Kenya arbitration.

SECTION 9: CONTENT, DATA, AND PRIVACY

This Section governs data collection, use, storage, and protection. By using the Platform, Users consent to all data practices herein and in the full Privacy Policy.

9.1 Data Collection and Purpose

Collected data: name, phone, ID, addresses, GPS, order history, payment logs.
Used for rider assignment, fraud prevention, personalization, and dispatch optimization.

9.2 Consent and Tracking Tools

Users allow location tracking (during use), transactional SMS, and cookie storage.
Riders/Agents consent to GPS monitoring and route analytics.

9.3 Content Submission by Users

User reviews/messages grant Kibanda a royalty-free right to use or moderate content.
No abusive, false, or infringing content allowed.
Kibanda may remove or report unlawful content (e.g., threats or hate speech).

9.4 Data Ownership and Sharing

All platform data is Kibanda property.
No personal data shared externally except:
- By law (court/police order), or
- With vetted subcontractors under confidentiality.
Vendors/Riders receive only delivery-related info.
Kibanda not liable for misuse of data outside its systems.

9.5 Account and Data Deletion Requests

Email info@kibandaexpress.com for deletion.
Handled within 14 days unless financial or fraud issues exist.
Deactivated accounts lose subscriptions, Wallet balances (unless refunded), and order history.

SECTION 10: PROHIBITED USES AND PLATFORM ABUSE

This Section outlines actions and behaviors strictly forbidden on the Kibanda Platform. Violations may result in suspension, permanent ban, wallet forfeiture, or legal prosecution.

10.1 General Prohibited Uses

Accessing the platform using false or manipulated identities.
Using Kibanda for illegal or unlicensed trade (e.g., stolen or counterfeit goods).
Interfering with another User’s data or delivery.
Attempting to hack or reverse-engineer the app or database.
Exploiting bugs or software errors for gain.
Transacting off-app to bypass Kibanda’s systems and commissions.

10.2 Misuse of Orders and Refund Systems

Placing fake or repetitive low-value orders without intent to receive.
Submitting false refund claims or staged complaints.
Harassing Riders, Vendors, or Support during disputes.
Refusing correctly delivered orders.
Such misuse may result in refund denial, blacklisting, or legal escalation.

10.3 Vendor-Specific Violations

Selling expired or counterfeit products.
Artificially inflating prices or redirecting Kibanda customers off-platform.
Tampering with receipts or packaging.
Failure to comply with pickup and hygiene standards.

10.4 Rider-Specific Violations

Rude or threatening behavior to Users.
Requesting bribes or extra cash beyond displayed fees.
Falsely marking orders as delivered or delaying them.
Tampering with packages or consuming food meant for Users.

10.5 Use of Platform for Unlawful Purposes

Coordinating delivery of narcotics, cash, or banned substances.
Moving political materials or election inducements.
Any violation of Kenyan law or estate governance rules.

10.6 Sherehe Category Restrictions

The “Sherehe” category includes alcohol, tobacco, and related celebratory products. These are subject to Kenyan legal restrictions.

10.6.1 Legal Age and ID Verification

Users must be 18+ and present valid ID (National ID, Passport, or Huduma Card).
Failure to present ID cancels the order without refund.

10.6.2 Delivery Conditions

Delivery between 10:00 AM–8:00 PM within approved Zones only.
ID verification required at handover; Riders may not leave items unattended.

10.6.3 Refusal of Service

Riders may refuse service if recipient is intoxicated, underage, or abusive.
No refunds for canceled alcohol/tobacco orders under these conditions.

10.6.4 Limitations of Liability

Kibanda is not the seller of alcohol/tobacco; it only facilitates legal vendor delivery.
No liability for health consequences, injuries, or estate penalties arising from such items.

SECTION 11: LIMITATION OF LIABILITY AND INDEMNITY

This Section defines the limits of Kibanda Express Ltd’s responsibility and Users’ indemnity obligations.

11.1 No Warranty or Guarantee

All services are provided “as is” and “as available.”
Kibanda makes no warranty regarding product quality, vendor stock, or rider punctuality.
Use of the platform is entirely at User’s risk.

11.2 Liability Cap

Total liability per claim shall not exceed the amount paid for that transaction or KES 1,000 (whichever is lower).

11.3 Exclusion of Consequential Damages

No liability for lost income, goodwill, missed events, or emotional distress.
No responsibility for health issues from vendor products or accidents by riders.

11.4 User Indemnity

Users agree to indemnify Kibanda and its agents from claims arising from misuse, false claims, or illegal transactions.

11.5 Vendor and Rider Indemnity

Vendors/Riders indemnify Kibanda for losses from negligence, expired goods, or misconduct.

11.6 Third-Party Service Disclaimer

11.7 Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute or claim arising from or relating to these Terms or your use of the Kibanda Platform will be resolved on an individual basis, and not as part of any class, collective, or representative action. You and Kibanda Express Ltd expressly waive any right to participate in a class action, class arbitration, or representative proceeding.

Kibanda is not liable for failures in M-Pesa, Google Maps, or other third-party services.

SECTION 12: GENERAL PROVISIONS AND CONTACT INFORMATION

This Section finalizes the agreement between Kibanda Express Ltd and the User.

12.1 Entire Agreement

These Terms, plus the Privacy Policy, form the full agreement. No verbal or prior communication overrides these Terms.

12.2 No Waiver

Failure by Kibanda to enforce any clause is not a waiver. Waivers must be in writing and apply only to specific cases.

12.3 Severability

If any clause is invalid under Kenyan law, the rest remain enforceable.

12.4 Assignment

Users cannot transfer rights under these Terms without consent. Kibanda may assign them during reorganization or merger.

12.5 Governing Law and Jurisdiction

Governed by laws of the Republic of Kenya.
Disputes go first to Kibanda’s internal resolution, then CIArb Kenya arbitration, and finally the High Court of Kenya at Machakos if necessary.

12.6 Contact Information

Legal & Compliance: info@kibandaexpress.com
Customer Support: info@kibandaexpress.com
Vendor Onboarding: info@kibandaexpress.com
Rider Support: info@kibandaexpress.com

Registered Address:
Kibanda Express Ltd
Benmark Complex, 1st Floor, Shanghai Road
Athi River, Machakos County, Kenya

Terms and condition