SENDY TERMS & CONDITIONS

Last Updated August 26, 2020

The following Terms and Conditions (the “Terms”) govern your access and/or use of any of the applications, websites, content, products, software and services (the “Services”) made available by Sendy Limited and its subsidiaries, representatives, affiliates, officers and directors (collectively “Sendy”). 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND ALL OF THE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES.

In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing, using or receiving any Services made available by Sendy, you expressly acknowledge and confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Sendy may cease offering or deny access to the Services or any portion thereof, to you at any time for any reason. 

Sendy reserves the right to amend the Terms or its policies relating to the Services at any time, without notice to you. Any such amendment will be effective upon posting of the updated Terms on the Services, and you are solely responsible for regularly reviewing the same. Your continued access or use of the Services after any such changes shall constitute your agreement to be bound by such Terms as amended.

Sendy’s collection and use of personal information in connection with the Services is described in Sendy’s Data Privacy Policy located at https://www.sendyit.com/privacy

The Services

The Services provided by Sendy enable users to arrange and schedule logistics or delivery services and/or to purchase goods from independent third party providers of such services and goods. YOU HEREBY ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY AND/OR LOGISTICS SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH SENDY AS A PROVIDER OF DELIVERY, COURIER OR LOGISTICS SERVICES OR AS A LOGISTICS CARRIER. 

Unless otherwise agreed by Sendy in a separate written agreement with you, the Services are made available solely for your personal non-commercial use. 

The Services and all rights therein are and shall remain the property of Sendy or its licensors (as relevant). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted here below; or (ii) to use or reference in any manner, Sendy’s company names, logo, product or service names, trademarks or service marks or those of Sendy’s licensors.

License Grant & Restrictions

Subject to your compliance with these Terms, Sendy hereby grants you a non‐exclusive, non‐transferable, revocable right to (a) access and use its applications and related services (the “Applications”) solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, non-commercial use. All rights not expressly granted to you are reserved by Sendy and its licensors. 

You hereby agree NOT to:

  1. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services;
  2. Remove any copyright, trademark or other proprietary notices from any portion of the Services;
  3. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Sendy
  4. Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks;
  5. Send or store material containing viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  6. Interfere with or disrupt the integrity or performance of the Services or the information or data contained therein; or
  7. Create internet ‘links’ to, or ‘frame’ or ‘mirror’ the Services, or any portion of the Services;
  8. Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; 
  9. Build a product or service using similar ideas, features, functions or graphics of the Services;
  10. Copy any ideas, features, functions or graphics of the Services; or
  11. Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or which may make multiple server requests per second, or unduly burden or hinder the operation, performance and/or functionality of the Services.

Representations and Warranties

By using the Services, you expressly represent and warrant that you are legally permitted to enter into this Agreement. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. 

By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the Terms. Your access and use of the Services is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services you agree to comply with all applicable laws of the Republic of Kenya. You agree to maintain accurate, complete and up-to-date information in your account. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct software for your device. Sendy is not liable if you do not have a compatible handset or if you have downloaded the wrong version of software for your handset. Sendy reserves the right to terminate this Agreement should you be accessing  the Services with an incompatible or unauthorized device or Software.

By using the Services, you agree that:

  1. You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;
  2. You will not use the Services to deliver, convey or transmit any chemical, waste, gas, medicine, drug, plant, animal, microorganism or any other substance that is likely to be injurious to human health or the environment (“Hazardous Goods”) or unlawful materials;
  3. Any packages tendered for delivery may be subjected to checks for restricted and/ or illegal substances upon reasonable suspicion by the third party provider. Where the checks reveal any Hazardous Goods or other unlawful material the third party provider may decline delivery of the package and shall  immediately notify Sendy;
  4. You will not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  5. You will not use the Services to cause nuisance, annoyance or inconvenience;
  6. You will not send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material including material that violates third party rights;
  7. You will not impair the proper operation of the network;
  8. You will not try to harm the third party providers or Services in any way whatsoever;
  9. You will not copy, or distribute the Services or other content received as a result of access or use of the Services without written permission from Sendy;
  10. You will only use the Software and Services for your own personal use and will not resell any portion of the Services to a third party;
  11. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service; and
  12. You will provide us with whatever proof of identity we may reasonably request.

Payment Terms

The use of the Services may result in charges to you for the services or goods you receive (“Charges”). You understand that Charges may include other applicable fees, tolls, and/or surcharges. Charges are exclusive of taxes and levies, are due immediately and are non-refundable, unless otherwise determined by Sendy. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Services either planned, accidental or intentional, or any reason whatsoever. Sendy reserves the right to determine the final Charges payable ‐ Note that the pricing information published on the website is strictly indicative and may not reflect the prevailing pricing.

Sendy, at its sole discretion, may make promotional offers with different features and different rates to any of our customers or groups of our customers. These may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that these promotional offers, unless made to you, shall have no bearing whatsoever on your contract, your use of the Services or the Charges applicable to you. Sendy may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third party providers.

Sendy reserves the right to establish, remove and/or revise Charges in relation to the use of the Services, at any time and at Sendy’s sole discretion. You understand that Sendy, in its sole discretion, may also vary Charges using any criteria including without limitation, geographical location, time period or quantum of demand. You also understand that such variance may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. We encourage you to check our website periodically if you are interested in how we charge for the Services.

In some instances, Charges you incur will be owed directly to third party providers and Sendy will collect payment from you on behalf of such third parties as their limited payment collection agent. You understand that Sendy will be under no obligation to modify the relevant portion of the Charges for services or goods provided by such third party providers, unless a formal request for modification is received from the relevant third party provider.

You understand and agree that, while you are free to provide additional payment as a gratuity to any third party provider, you are under no obligation to do so. Gratuities are voluntary.

Intellectual Property Ownership

Sendy alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Sendy. The Sendy name, Sendy logo, and the product names associated with the Services are trademarks of Sendy or third parties, and no right or license is granted to use them.

Third Party Interactions

The Services may be made available or accessed in connection with third party services and content (including advertising) that Sendy does not control. During use of the Services, you may, without limitation, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors. You acknowledge that different terms of use, warranties, representations and privacy policies may apply to your use of such third party services and content and in no event shall Sendy be responsible or liable for any representations, products or services of such third party providers. You acknowledge that your access and use of the Services in connection with third party services may be subject to terms set forth in the applicable third party’s terms and conditions. You acknowledge that the availability of the products, goods or services of third party providers on the Services is not an endorsement of the same by Sendy. You hereby further acknowledge that where third party providers of goods and/or services require your agreement to additional or separate terms and conditions prior to your use of or access to such goods or services, Sendy will have no responsibility nor liability arising from such agreements between you and the third party providers.

Any third party interactions, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Sendy and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party. Sendy does not endorse any sites on the Internet that are linked through the Services, and in no event shall Sendy or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.

Sendy may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these Terms you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Sendy reserves the right to charge you a higher fee for the Services should you choose not to receive such advertisements. This higher fee, if applicable, will be posted on Sendy's website located at http://www.sendyit.com. Sendy may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

Indemnification

You agree that you shall defend, indemnify and hold Sendy, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, demands, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of delivery, logistics or courier services arranged via the Services; (c) your use or misuse of the Services or services or goods obtained through your use of the Services; or (d) Sendy’s use of your data and user content in accordance with these Terms.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SENDY. SENDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. SENDY MAKES NO REPRESENTATIONS OR WARRANTIES THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS SUPPLIED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.

Internet Delays

The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communication. Sendy is not responsible for any delays, delivery failures, or any other liability, costs or damage resulting from such problems.

Limitation of Liability

SENDY AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOST REVENUE AND/OR PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF SENDY, EVEN IF SENDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENDY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES, EVEN IF SENDY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SENDY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SENDY’S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO CONNECT WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SENDY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS, GOODS AND/OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. 

SENDY WILL NOT BEAR NO RESPONSIBILITY NOR INCUR ANY LIABILITY TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE SENDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS. SENDY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. UNLESS OTHERWISE AGREED TO BY YOU AND SENDY, SENDY SHALL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAWS OF THE REPUBLIC OF KENYA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE).

THE QUALITY OF THE LOGISTICS OR COURIER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK.

EXCEPT AS EXPRESSLY STATED HEREIN, SENDY WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF ANY LOGISTICS AND/OR COURIER SERVICES PROCURED THROUGH THE SERVICES. IN ANY CASE, SENDY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY.

Insurance

Sendy shall require that the third party providers offering courier and logistics services seeking registration on its platforms, obtain and maintain insurance coverage against loss or damage for goods delivered in connection with the Services.

Notice

Sendy may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account, or by a notification message displayed on your account page. Such notice shall be deemed to have been given upon publication on the Services or upon the expiration of 12 hours after sending (if sent by email or telephone). It shall be your responsibility to keep your contact information (including email address) current and you will be deemed to have received any notice issued based on the contact information in your account, whether or not you actually receive it. You may give notice to Sendy, with such notice deemed given when received by Sendy, at any time through the email address support@sendyit.com.

Sendy reserves the right to close or suspend your account without prior warning should you contravene any of these Terms or any future amendments and additions thereto. 

Assignment

You may not assign these Terms without the prior written approval of Sendy. Sendy may assign these Terms without your consent by Sendy to (a) a parent, subsidiary or affiliate; (b) an acquirer of Sendy’s equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void. 

Data Privacy 

Sendy’s collection and use of personal information in connection with the Services is described in our Data Privacy Policy located at https://www.sendyit.com/privacy the terms of which are incorporated into these Terms. Any data, including personal data, shared with Sendy will be used in accordance with this Data Privacy Policy.

By accessing or using the Services, you hereby freely, unequivocally and expressly authorize Sendy to receive, record, process, store and transfer your data, including personal data, in accordance with the law.

 

Miscellaneous Provisions

Responsibility. If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement with Sendy and/or these Terms, you shall be deemed to have taken the action yourself. 

Severability. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect.

Waivers. Any failure by Sendy to enforce any right or provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be acknowledged and agreed in writing.

Successors and Assigns. These Terms will be binding upon, and inure to the benefit of Sendy and any contracting parties and their respective successors and assigns.

No Agency. No partnership, contract of employment, agency, joint venture or franchise relationship shall be created between you, Sendy or any third party provider as a result of this Agreement or use of the Services.

No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiary to any agreement entered into with Sendy.

International Sale of Goods, Export and Import Control. Services, content, and products derived or obtained from the Services may be subject to Kenya import or export laws, and/or the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, to: (a) obtain any export, re‐export or import authorizations required by Kenya or your local laws; and (b) not provide services, content, or products from the Services to any prohibited countries and/or prohibited entities as identified in any Kenyan legislation.

Choice of Law. These Terms are governed by and construed in accordance with the laws of Kenya without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.