TERMS AND CONDITIONS

1. GENERAL
1.1 BONDED MOBILITY, a company registered in the Republic of Kenya at P.O. Box 10472-00400 (hereinafter referred to as the "Company"), offers its logistics coordination Service available at https://BondedMobility.com (hereinafter referred to as the “Site”) and further described in Section 2 (hereinafter referred to as the “Service”) to individuals or entities seeking transport solutions for agricultural produce or enterprise logistics (hereinafter referred to as the “User”) under the terms herein. This Agreement becomes binding on the Company and the User (collectively the “Parties”) when the User first uses the Service.
1.2 By using the Service, the User accepts these terms fully, without reservations not stated herein. If the User disagrees with any term, they shall not use the Service.
1.3 The Company may amend this Agreement at its discretion, effective upon posting on the Site. Users will be notified of changes via email provided during registration. Continued use post-amendment signifies acceptance. Users are encouraged to review this Agreement regularly. Disagreement with amendments requires ceasing use.
1.4 Definitions:
- “Acceptance” means a User’s acceptance of a Transport Offer via the Service.
- “Service Database” means the database of Transporters, Agents, and transport options on the Site, part of the Service.
- “Trip Agreement” means the contract formed between a User and a Transporter or Agent via the Service (see Section 2.2).
- “Request” means a User’s request for transport submitted via the Service.
- “Application” means the registration form completed by the User on the Site.
- “Personal Account” means a secure section of the Service for Users, showing settings, trip history, and communications.
- “Transport Offer” means a Transporter’s or Agent’s proposal to provide transport, sent via the Service.
- “Transporter” means an individual or entity registered to provide transport via the Service.
- “Agent” means an individual or entity registered to coordinate trips between Users and Transporters.
- “Trip” means a single transport service (e.g., produce delivery, enterprise logistics), defined by start time, locations, and price.
- “Trip Fee” means the price in a Transport Offer, including transport and coordination costs.
- “No Show Event” means a failure by a User, Transporter, or Agent to fulfill a Trip Agreement (e.g., not appearing at the agreed time/location).
2. DESCRIPTION OF SERVICE
2.1 The Service enables Users to request transport for agricultural produce (e.g., farmers) or enterprise logistics (e.g., bulk farmer-group transport), matched with Transporters or coordinated by Agents, under terms agreed via the Service.
2.2 Users register and authorize on the Site to access the Service Database. Farmers must be 18+ and may use USSD (*123#) for registration. Enterprise Users must provide business credentials. Users upload identification (e.g., National ID for farmers, business registration for enterprises) to their Personal Account to reduce trip refusals.
2.2.1 Users may request Trips for themselves or others (e.g., farmer groups), uploading relevant IDs and specifying the recipient in the Request. The User remains liable for such Trip Agreements.
2.3 User Acknowledgments:
(A) The Service connects Users with Transporters/Agents but does not provide transport. A Trip Agreement is between the User and Transporter/Agent, not the Company.
(B) The Company’s liability is limited to transmitting information accurately between parties and transferring Trip Fees (less its commission). It is not responsible for information accuracy, Transporter/Agent performance, or losses from Service use.
(C) The Service, software, and Site content (e.g., Bonded Mobility logo) are protected by intellectual property rights. Users receive a limited, non-exclusive, revocable license for personal or business use of the Service, with all other rights reserved.
(D) Technical limitations may affect Service availability, beyond the Company’s control.
(E) The Service is provided “as is” and “as available,” with Users accepting all risks.
(F) This Agreement governs all relations between the User and Company, excluding other implied agreements.
(G) The Company charges an 8% commission on each Trip Fee (see Section 3), deducted before transferring funds to Transporters/Agents.
3. PAYMENTS
3.1 The Trip Fee, set by the Transporter or Agent in the Transport Offer, is paid by the User via mobile money (e.g., M-Pesa) through the Service: (a) 100% at booking, or (b) 50% at booking and 50% upon trip completion (or monthly for enterprise subscriptions), as specified in the Offer.
3.2 Transporters/Agents may request a security deposit, separate from the Trip Fee, paid directly to them and refundable per their terms (e.g., no damage or delays).
3.3 The Company deducts an 8% commission from the Trip Fee, with 90% to the Transporter and 2% to the Agent (if involved). Processing fees from payment systems may apply, increasing the payable amount.
3.4 Payments are gross, without deductions unless required by law, with any withheld taxes increasing the sum to ensure the Company receives the full amount due. Company refunds include all taxes, which Users handle independently.
4. CANCELLATION AND REFUNDS
4.1 Users may cancel a Trip by emailing support@BondedMobility.com.
4.2 Refunds:
(A) Cancellation 24+ hours before the Trip start time, or if canceled by the Transporter/Agent, refunds 100% of the Trip Fee paid to the Company (less processing fees).
(B) Cancellation within 24 hours, no refund of amounts paid to the Company.
(C) The 8% commission is non-refundable in all cases.
4.3 No refund if the User pays 50% and fails to appear within 3 hours of the Trip start time. If 100% is paid, the Trip remains reserved, with no refunds or changes allowed.
4.4 Refunds are processed in the original currency, subject to bank/payment system conversion rules.
4.5 Direct payments to Transporters/Agents (e.g., security deposits) are refunded per their terms, without Company involvement.
5-21. [Retain Sections 5–21 from the original Client License Agreement with minor updates for “User” instead of “Hirer,” “Trip” instead of “Rent,” and “Transporter/Agent” instead of “Vehicle Owner,” ensuring consistency with the new model. Key retained principles include legal capacity, IP protection, liability limits, Kenyan law governance, and dispute resolution via negotiation or courts.]