Please read these Terms and Conditions (“Terms”) carefully as they govern Your use of the Showfa mobile application (“App”) and any other services made available through the App.
By using the App, you agree to be bound by these Terms, thus creating a binding contractual agreement between You, the user (“You”/ “Your”/ the “User”), and Showfa Ltd (Company Number PVT-3QU7KDKX) with registered office at Westlands, Nairobi and trading as Showfa (“Us”/ “We”/ the “Company”).
Under these terms, Showfa grants the users a limited, non-sublicensable, non-transferable, and revocable license to:
(i) the access and use of the Applications made by Showfa on your personal device solely in connection with your use of the Services; and
(ii) the access and use of any content, information, and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use.
Any rights not expressly granted herein are reserved by SHOWFA and SHOWFA’s licensors.
General Terms and Conditions:
· The Showfa services constitute a technology platform that enables users of Showfa’s mobile applications or website provided as part of the Services to arrange and schedule transportation services with independent third-party service providers of such services, including independent third-party transportation providers and independent third-party logistics providers.
The Services are made available exclusively for your personal, non-commercial use; any use outside the recommended use may lead to revocation of license.
1. Definitions and Interpretation
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below:
1.1 “Account” refers to the account created by the user on the Application to become a member of the Showfa Community.
1.2 “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, board, or a court of Kenya.
1.3 “Showfa Services” means services that Showfa provides, including provision and maintenance of the Showfa App, Showfa Platform, In-app Payment, customer support, communication between the Driver and the Passenger, and other similar services.
1.4 “Showfa App” a smartphone application for Drivers and Passengers to request and receive Transportation Services.
1.5 Showfa Platform – technology connecting Passengers with Drivers to help them move around cities more efficiently.
1.6 “Passenger” - a person requesting Transportation Services by using the Showfa Platform.
1.7 “Driver” - the person providing Transportation Services via the Showfa Platform. Each Driver will get a personal Showfa Driver Account to use Showfa App and Showfa Platform.
1.8 “Agreement” this agreement between Driver and Showfa regarding the use of Showfa Services consists of:
i. these General Terms;
ii. special terms displayed in the Showfa App, e.g., regarding price info or service descriptions.
iii. the Drivers guidelines; and
iv. other terms referred to in this Agreement as may be amended from time to time.
1.9 “Fare”: the fee a Passenger is obliged to pay the Driver for the provision of Transportation Services.
1.10 “Showfa Fee”: the fee that the Driver is obliged to pay to Showfa for using the Showfa Platform.
1.11 “In-app Payment”: cards, carrier billing, and other payment methods used by the Passenger via the Showfa App to pay for the Transportation Services.
1.12 “Showfa Driver”: Account access to a website containing information and documents regarding usage of the Showfa Services in course of the provision of Transportation Services, including accounting documentation. A driver may access the Showfa Driver Account at www.showfaride.com by entering a username and password.
1.13 “Transportation Services” - transport services a Driver is providing to a Passenger whose request the Driver has accepted through the Showfa App.
1.14 “Payment Agent” - Showfa Operations, i.e., the agent responsible for the technical support services for the provision of payment services to facilitate payments and/or invoicing on behalf of Showfa. Payment agents may also discuss any complaints and settle any disputes in relation to payments made by Showfa.
a. (singular and plural) words in the singular includes the plural (and vice versa);
b. (gender) words indicating a gender include the corresponding words of any other gender;
c. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
d. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust, and any other entity;
e. (party) a reference to a party includes that party’s executors, administrators, successors, and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
f. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified, or replaced from time to time;
g. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
h. (includes) the word “includes” and similar words in any form is not a word of limitation; and
i. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
j. (Intellectual Property Rights) means all patents, copyright, trademarks, design, trade, business, company and domain names, and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Kenya and throughout the world.
i. This App is intended for use by persons over the age of 18, and users under 18 must be supervised while in the use of the Service. Any person previously suspended or banned from the App, unless reinstated, uses the service illegally.
ii. By registering as a passenger, you represent and warrant that you are over the age of majority. If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
iii. You acknowledge that We rely completely on the information provided by You, and We cannot be held liable if You or anyone who uses Your Account to access the Services on the Application is not eligible to use the same.
4. The Service
The Company operates as an intermediary, only connecting Passengers with available Drivers.
Notwithstanding anything contained anywhere in this agreement, you acknowledge that Showfa does not provide transportation of goods or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent authorized vehicle operators and certified service providers who are not employed by Showfa.
To use the App, you must first register and create an Account.
a. As part of the registration process, you will be required to provide certain personal information; this will include but is not limited to: Your full name, your email address, your mobile number and your physical address, your bank card and account details, and your driver’s license details.
b. You warrant that any information you give to us in the course of completing the account registration process will always be accurate, correct, and up to date.
c. Upon receiving your request for an Account, Showfa will review your application, verify your information, and you will have to wait until your Account has been activated before you can begin actively using the App.
d. As per company policy, we could request additional information from you during the verification process. Should you fail to provide us with information, we may refuse to create an account for you.
e. Should you provide us with any information that is contrary to our company policy, we may, at our sole discretion, refuse to provide you with an account.
f. Your Account is unique to you, and you must not share your account details with anyone else or allow anyone else to use your account. The safety of your Account and login details are solely your responsibility, and you accept full responsibility for any activity that takes place using your Account. Any breaches from your end will release Showfa from any liabilities caused during the breach;
g. We reserve the right and absolute discretion to suspend or cancel your Account or otherwise prohibit you from using the App for any reason, including but not limited to any failure by you to comply with these Terms.
6. Adherence With Laws and Regulations
a. By using the Showfa App, you agree to comply with all laws and regulations of the Republic of Kenya, including but not limited to those pertaining to the operation of vehicles on public roads and driving of vehicles for hire;
b. You warrant that you have all the necessary licenses, permits, and insurances required by law and any regulatory body to allow you to lawfully drive a Cab within the Republic of Kenya.
You may choose to pay for the Services by either of the following methods:
1. Cash payment: Where a user chooses to use cash payment, the user must ensure they have the full estimated amount given to them at the beginning of the ride. The customer shall make efforts to ensure they tender the exact amount to the driver. The estimates at the beginning, however, could change based on ongoing real-time world events such as traffic choice of route and/or destination by the customer.
2. MPESA payment: Showfa will facilitate your payment of the applicable Charges on behalf of the Service Provider as a limited payment collection agent. Mobile payment for trips shall be made to us at the time you board the Vehicle through an e-wallet, i.e., MPESA, powered by one or more third-party payment processors. When You choose to make an online payment, we shall collect the fare on behalf of the Service Provider who will be responsible for providing the transportation services. You acknowledge that collection of the fare on behalf of the Service Provider in no way implies that the transportation services are being provided to You by Us.
3. Debit or Credit Card Payment: Showfa will facilitate card payments for its users. Immediately the ride is started, Showfa will process a charge on the card details provided through a third-party limited payment collection agent, thereafter the user shall be provided with a notification of a successful payment, and in the case where a payment does not go through, the user will be asked to provide a different method of payment for the service.
4. This payment structure is intended to fully compensate the Third-Party Provider and to cater for the Service fees provided.
6. We will generate an invoice on behalf of the driver servicing Your offer request, which will be sent to Your Original App ID after the completion of the Ride. The Invoice shall be indicative of all applicable charges, including but not limited to the surcharge, toll charges, right time charge, wait time charge, and service tax. All payments made are non-refundable.
7. As between you and Showfa, Showfa reserves the right to establish, remove and/or revise charges for any or all services or goods obtained through the use of the Services at any time in Showfa’s sole discretion. Further, you acknowledge and agree that during moments of high demand in certain areas, there may be surcharges on the price of the service. Showfa will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for charges incurred under your Account regardless of your awareness of such charges or the amounts thereof.
8. Waiting policy
The Driver shall wait only for 5 (Five) minutes for the Customer at the pickup location. If the customer does not board within 5(Five) minutes, then the Driver/Showfa, at their discretion, may cancel the trip and leave the pick-up location.
9. Cancellation and No Shows
a. By a Driver
i. You may cancel a trip at any time before you pick up a Passenger by clicking the appropriate link in the App;
ii. You acknowledge and accept that any cancellation of a trip once accepted may have a negative effect on how other users perceive the Service and therefore agree to complete all trips in good faith and cancel trips only with good reason.
iii. We reserve the right to suspend and/or cancel your Account, where you repeatedly cancel trips once accepted.
b. By a Passenger
i. A Passenger may cancel a trip at any time before you pick them up from the meeting spot. You will receive an in-App notification that the trip has been canceled;
ii. We accept no liability in the event that a Passenger cancels a trip after you have accepted it, and you have no right to claim any compensation from us.
i. If you arrive at a Pickup Spot and you cannot find your Passenger, you should first attempt to contact them in the first instance;
ii. If you continue to be unable to find the Passenger after attempting to contact them, then You may mark the trip as a No-Show after 3 minutes by clicking the appropriate link within the App;
iii. We accept no liability in the event that a Passenger is a No-Show, and you have no right to claim any compensation from us.
By default, a customer is not charged the cancellation fee in case they cancel an instant or preorder after its acceptance by the driver. However, once a ride is accepted by the driver, there shall be a 5 minutes grace period under which the customer can cancel a ride. Any cancellations made after 5 minutes shall be charged a cancellation fee as prescribed and reviewed by Showfa from time to time.
10. Luggage policy
While using the Service, you may not carry any luggage other than personal luggage provided it does not exceed 32kgs in total. We will not be liable if the luggage does not fit into the vehicle. You are strictly prohibited from carrying any flammable, commercial, or illegal luggage at all times.
11. Other businesses
While we may provide links to the services of third-party affiliates, we do not take responsibility or liability for their actions, products, content, and services on the Application. In addition, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s). We do not in any way endorse any third-party website(s) or content thereof.
12. Driver code of conduct
1. The driver shall provide chauffeur services to any clients who request for a cab, and the Driver accepts the request to board the client.
2. Once a Driver picks a request, they must have effective communication to allow ease of the rider locating them.
3. The Driver is allowed under special circumstances to decline a client’s request, especially after accepting the ride, e.g., risk or danger. However, this must be communicated via the App; too many canceled rides may lead to the cancellation of their access to the platform.
4. A Driver is not to engage in any violent activities unless he/she feels their life is at risk and it is only for self-defence. However, the Driver is to report any case of violence to the nearest relevant legal authority and to the App.
5. In case of any issues/theft and any other damage to the driver’s property. Showfa will not be responsible but may provide assistance to the driver through data held by them. Driver should report this to a relevant legal authority and resolve it by themselves.
6. The vehicle should be insured and in roadworthy condition and have the relevant documentation to carry passengers. Any reports by riders on the absence of these things may lead to termination of use of the platform.
13. Termination and expiry of the account
Showfa reserves the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can terminate your account by way of a request sent to Us at firstname.lastname@example.org or by way of the link provided in the App. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to the termination of Your Account.
1. Showfa’s role is solely to provide a link through the app or website to allow the booking of a taxi between the driver and the rider; we are not involved in the underlying transaction between the user and the third-party service provider.
2. Showfa is not in a principal and agent type of relationship with the third-party service provider.
3. We shall not be liable for the quality, safety, reliability, legality, delivery, or any other aspect of any service that You may avail using the Application.
4. Use of the Service provided is at the user’s sole risk. The Service is provided on an "as is" and "as available" basis.
5. We do not guarantee and/or promise any specific results from use of the Application and/or the Services, including the ability to avail the Services at any particular location or time.
6. We disclaim all warranties of any kind, whether express or implied, including, without limitation, any representation or warranty for the accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the foregoing paragraph, We do not warrant that:
§ This Application will be constantly available, or available at all; or
§ The information on this Application is complete, true, accurate or non-misleading; or
§ This Application; information, Content, materials, product (including software), or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
§ Content on the Application constitutes, or is meant to constitute, advice of any kind;
14. Privacy and Security
1. By accepting the T&Cs of Showfa, you, as the user, unequivocally accept to receive electronic communication from us either through your downloaded App, registered email, or telephone number. This communication shall not be construed as unsolicited communication or spam.
2. By accepting the T&Cs, you accept for Showfa to share some of your information with other users of the App. This information could be but is not limited to your name, your geolocation, or your vehicle details.
3. As Showfa we undertake to protect user data that shows their App registration information, trip or ride details, and any other personal information provided to us by the user. We may, however, share this data with governmental agencies as required by law from time to time, guided by the data protection laws of the Republic of Kenya. This information may also be shared to ensure efficient connectivity between riders and drivers of the app.
4. The users of Showfa are the primary protectors of the data provided to us. Showfa shall bear no responsibility for any losses that may occur when a third party is able to access the user’s account by using their password or login details, whether knowingly or inadvertently. Passwords and login details should not be shared with third parties. Showfa will never require a user of their App to provide us with their password or login details.
5. While using the app & website, there may be forum boards provided to the users of the app to give personal experiences and tips to other users to enhance their user experience. Through these forum boards, it is likely that other users may gain access to you and try and gain your personal information and post offensive and harmful content. Whereas Showfa will do its best to monitor and delete such posts and suspend the users, we are not responsible for such content and the injury that may result from users engaging in this content. Users should also refrain from posting their personal information on such forum boards, as Showfa will not be responsible for the consequences of such content finding its way to our app or website.
15. Notices and Communication
1. Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to:
Attn: Team SHOWFA
Address: P.O. Box 69447-00100
2. All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person or to promote any cause which You may support.
16. No Liability
a. To the maximum extent permitted by applicable law, the Company accepts no liability under or in connection with these Terms, whether arising in contract, tort, negligence, breach of statutory duty, or otherwise, except in the case of death or personal injury caused by the Company’s negligence.
b. To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits, or revenue arising under or in connection with the App, these Terms or their subject matter, or any trips completed by a Driver.
As Showfa we may fail to enforce our T&Cs, but this is by no means a construe or constitutes a waiver of such rights or provisions. Where Showfa, in its discretionary power, decides to waive any of its rights in the T&Cs, that will be purely a one-off decision and shall not apply to future eventualities. All waivers exercised by Showfa are single term waivers unless expressly issued in writing. Any claim in relation to Services or T&Cs should be filed within 30 days from when the cause of action arose. Any claims filed beyond this time period shall be barred.
18. Revision of T&Cs
1. These T&Cs are for the efficient running of Showfa App and may change at any time depending on the prevailing circumstances. We therefore reserve the right to change them at any time without reference to the user. The changes shall be communicated to the user by way of email sent to the registered user email address held by Showfa.
2. The revised T&Cs shall come into effect on the date they are published unless otherwise stated. Upon release of the revised T&Cs it will be deemed that the user has accepted the new terms by continuing to use the Showfa service. This will also mean that they are bound by the new T&Cs. Should the user not want to be bound by the revised T&Cs they should immediately discontinue use of the Showfa Services.
3. It is the user’s right and responsibility to review the T&Cs regularly to check on any new updates or changes. The acceptance of the T&Cs allows us to grant you non-transferable, non-exclusive and limited privilege for use of the Showfa Application.
19. Customer Suggestions Policy
We are committed to improving our services and welcome opinions of how to better our services. Should you as a user have complaints, compliments or suggestions you can contact us through our customer care at email@example.com.
If any part of these T&Cs is determined to be ultra vires, illegal, invalid or unenforceable pursuant to the Applicable Laws of the Republic of Kenya then the provisions will be deemed superseded by a valid, enforceable provision that most closely matches the original intent of the provision and the remainder of these T&Cs will continue in effect.
21. Governing Law and Dispute Resolution
1. Any dispute or claim relating to this T&Cs or the validity, interpretation, breach, or termination thereof (Dispute), including claims seeking redress or asserting rights under the applicable law, dispute shall upon application by any party be referred for arbitration to a person acceptable to the parties or if the parties cannot agree on the appointment of such person within a period of thirty (30) days from the date of such application, then the dispute shall be referred to arbitration by a single arbitrator to be appointed by the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch upon the written request of either party. The appointment of the arbitrator shall be final and binding on the parties.
2. The arbitration shall take place in Nairobi, and the language of arbitration shall be English. The arbitration shall be conducted in accordance with the rules or procedures for arbitration under the Arbitration Act 1995.
3. The decision of the arbitrator shall be final and binding on the parties and may be made an order of a court of competent jurisdiction. Notwithstanding the foregoing, a party is entitled to seek preliminary injunctive relief or interim or conservatory measures from a court in Kenya of competent jurisdiction pending the final decision or award of the arbitrator.
22. User Obligations
a. As a Subscriber, you agree not to:
i. intimidate, harass, impersonate, stalk, threaten, bully or endanger any other Subscriber;
ii. not to share your Account with any other person and that any use of your Account by any other person is strictly prohibited;
iii. act in any way that may harm the reputation of Showfa Ltd or associated or interested parties and the London Black Cab industry generally or do anything at all contrary to their interests;
iv. attempt to circumvent the App by attempting to or communicating directly with another Subscriber;
v. make any automated use of the Platform, and you must not copy, reproduce, translate, adapt, vary, or modify the App without Our express written consent;
vi. use the App in connection with any commercial or money-making or other promotional or marketing endeavors except those that are endorsed herein or as approved in writing by the Company.
vii. Distribute unsolicited commercial content, junk mail, spam, bulk content or harassment, or anything of a pornographic or otherwise illegal nature.
23. Liability, Insurance, and Indemnity
The owners of motor vehicles registered on the Showfa App and offering rides are bound by the following:
a. You accept sole responsibility and full liability for any loss, damage or injury suffered by any Passenger as a result of any trip you complete.
b. You agree to indemnify and hold the Company, their officers, employees, consultants, agents, and representatives harmless against all claims that may arise out of any injury, loss, or damage suffered by any Passenger in connection with any fare you are performing on the platform.
c. You are required to maintain valid and current insurance with a reputable insurer to cover any potential liabilities which you may incur where appropriate.
Showfa Ltd is not an employment agency, and all Drivers acknowledge and accept that their use of the App is on the basis that they are independent, self-employed persons and not employees of the Company.
25. Availability of the App
a. This App is provided on an “As Is” and “As Available” basis with all faults and defects and without warranty of any kind. We accept no liability for any disruption or non-availability of the App at any time and in any geographical location for any duration.
b. The App is available for download onto your device from the Apple App Store or Google Play store, and by downloading the App, You agree:
i. to be bound by the terms and conditions of either the Apple App Store or Google Playstore, as the case may be, relating to downloading of apps;
ii. that from time to time, updates to the App may be issued through either the Apple App Store or Google Playstore, as the case may be, and depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms;
iii. You accept all responsibility for the safety and security of any devices onto which you download and use the App from.
c. We make no guarantee that the App will be available at all times and in all territories.
d. We make no guarantee that the App will operate effectively on any device used by you to access the App.
e. We reserve the right to suspend, withdraw, discontinue, or change the App or any part thereof at any time and without prior notice to you.
26. Intellectual Property
The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the App (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads, and software) (“App Content”) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to You.
You agree that:
i. no information owned by Us, including system operations, documents, marketing strategies, staff information, and Passenger information, may be disclosed or made available to any third parties; and
ii. all communications involving the details of other Subscribers on this App are confidential and must be kept as such by You and must not be distributed nor disclosed to any third party or other Subscriber without the prior written consent of the Company except as required by law.
28. Complaints and Grievances
If You have any complains or concerns with regards to the content of the App or behavior of any Subscriber or any comment on any breach of these Terms or any Intellectual Property right of any Subscriber You should immediately inform Us using the details below: