Terms and Conditions
Please read these terms and conditions (“Terms”) carefully. By clicking “accept,” you (“you”), are agreeing to, and to be contractually bound by these Terms. If you do not agree to be bound by these Terms, do not click “accept” and you may not access our Services (as defined below). As used in these Terms, BasiGo Limited (“BasiGo” or “we”) and you may be individually referred to as a “Party” and collectively referred to as the “Parties.”
Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings: -
Account means the account created by you on the BasiGo App for availing the Services provided by BasiGo;
Affiliate means an entity that, directly or indirectly, controls, is under the control of, or is under common control with BasiGo;
Approved Routes means the routes approved by BasiGo to be used in in the provision of Transport Services as indicated on the BasiGo App;
BasiGo App means the passenger reservation mobile application (including software, servers, and associated user interface) through which BasiGo shall offer the Services;
BasiGo Privacy Policy means the privacy policy provided under clause 14.1 as amended from time to time;
Booking Fee means five Kenyan shillings (Kes 5) (or such other amounts as may be notified to you by BasiGo from time to time) payable for the reservation of a seat on a bus through the BasiGo App;
Cancellation Fee means such fees as charged for all the cancelled rides as provided under clause 6.3 and notified to you through the BasiGo App;
Cancellation Period means the period within which you may cancel a ride without incurring a Cancellation Fee as further prescribed in clause 6.1;
Confidential Information means, without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business and financial affairs and trade secrets, and other information of value to a party and not generally known, (whether or not designated as “confidential information” by any Party and whether written, oral or in electronic form) and any other information clearly designated by a Party as “confidential information” or that is evidently confidential by its nature or the nature of its disclosure, and includes these Terms;
Credentials means your username, password or pin and any other sensitive information used to secure your Account on the BasiGo App;
Driver means an individual who is trained and accredited by BasiGo to drive the Bus;
Bus Fare means the amount payable to the Bus Owner for each ride on the Bus inclusive of any/all charges, toll fees, and taxes as may be applicable from time to time;
Bus Owner means a limited liability company, savings and credit cooperative or individual who owns and operates a Bus;
Bus means the vehicle used for the provision of the Transport Services;
Force Majeure Event means any act, event, or condition beyond BasiGo's reasonable control including acts of God, fire, explosion, accident, floods, earthquakes, embargoes, pandemics, epidemics, war, terrorism, nuclear disasters, or other similar events;
Intellectual Property means all types of intellectual property assets whether registrable or not including trade marks, designs, utility models, technovations, business processes, systems and/or concepts, copyright protected works, discoveries, creations, inventions, ideas, developments, innovations, know-how and any research effort relating to any of the foregoing and any additions, modifications, or improvements upon any of the foregoing and any similar property in any country;
Intellectual Property Rights means any and all rights of ownership and exclusive or other use relating Intellectual Property including utility model rights, patent rights, copyright and neighboring and related rights, moral rights, trade mark and service mark rights, rights to business names and domain names, get-up and trade dress, goodwill, passing off or unfair competition claims, industrial design rights, computer software rights, database and topography rights, the right to confidentiality of Confidential Information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
KYC means know your customer;
Notice means any physical or electronic communication, or legal notices related to these Terms that are provided to you through text or SMS, email or by other means.
Personal Data means any information relating to an identified or identifiable natural person;
PIN means the password, login ID, electronic identification signature or codes given to or chosen by you for secure access to the BasiGo App;
Safaricom means Safaricom PLC;
Sensitive Personal Data has the meaning assigned to it under the Data Protection Act, Number 24 of 2019 and includes gender and biometric data;
Services means the provision of a technology platform through the BasiGo App that enables users to book a seat(s) on any Bus travelling on Approved Routes, track the location of Bus in real time, facilitate payment of Bus Fare through cashless payment options and any other services as shall be determined by BasiGo from time to time;
Third Party Service Provider shall mean third-party service providers including financial institutions, licensed payment service providers, KYC verification service providers, contractors, and agents used by BasiGo during the course of these Terms;
Transport Service means the transportation of customers by a Driver or a Bus Owner to a location as indicated in the BasiGo App; and
Updates means any modification and or improvement made to the operation of the BasiGo App including but not limited to bug-fixes, modification on the user interface, and security upgrades.
Interpretation
The following principles of interpretation shall apply to these Terms:
any reference to a section, paragraph and sub-paragraph shall, unless otherwise provided, be construed as references to the sections, paragraphs, or sub-paragraph of these Terms;
any reference to any statute or statutory provision shall, save as otherwise expressed in these Terms, be construed as a reference to that statute or provision as it is amended consolidated extended or re-enacted from time to time and any orders regulations instruments or other subordinate legislation made from time to time under any statute provided that any such amendment consolidation extension or re-enactment does not have retrospective effect;
any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
headings are only for ease of reference and shall not affect the interpretation of these Terms;
references to a person includes a natural person, corporate or unincorporated body where context allows;
references to indemnifying any person against any circumstance includes indemnifying and keeping him harmless from all actions claims and proceedings from time to time made against that person and all loss or damage and all payments costs and expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance;
references to these Terms means these Terms and shall include any amendments made to these Terms and any agreement which is supplemental to these Terms;
the expression person includes a natural person body corporate state agency governmental authority or firm;
where any obligation pursuant to these Terms is expressed to be undertaken or assumed by any party, such obligation shall be construed as requiring the party concerned to exercise all rights and powers of control over the affairs of any other person which that party is able to exercise (whether directly or indirectly) in order to secure performance of that obligation; and
words importing the singular shall include the plural and vice versa.
2. The Services
The Services
The BasiGo App will enable you to book a seat(s) on any Bus travelling on Approved Routes and facilitate payment of Bus Fare as outlined in clause 5.
Registration and Acceptance of these Terms
For new subscribers, you will be required to input your Personal Data as requested by the BasiGo App after which you shall submit the information for verification as provided under clause 2.5. Once you have been onboarded, BasiGo shall create and provide you with an Account using the Personal Data provided.
On successful application, you will receive access to the BasiGo App which will allow you to utilize the Services.
The Services are intended for individual consumers only.
Unless otherwise permitted by BasiGo in writing, you may only register and transact under one Account.
BasiGo may, at its sole discretion, refuse to allow any person to register for the Services, without providing reasons. BasiGo shall bear no liability for a decision made under this clause.
By accepting these Terms, you expressly acknowledge that you have carefully read the Terms, that you have understood them and that you accept them in their entirety and without reservation.
You agree that checking the consent box on the BasiGo App constitutes its electronic signature and acceptance of these Terms and the BasiGo App Privacy Policy. You also agree that its electronic acceptance has and will have the same legal effect as a physical signature. You consent to BasiGo providing Notices to it electronically and understand that this has the same legal effect as would physical delivery.
2.3. Use of the Services
Once you have successfully registered on the BasiGo App as provided under clause 2.2, you can view and select the exact pick-up and drop-off points for your trip provided that they are along an Approved Route.
After selecting your pick-up and drop-off point, you will be prompted to select the date and time of travel.
You will be prompted to select a payment option from the options outlined in clause 5 and select the number of seats you want to book for your trip. You will be allowed to book a maximum of two (2) seats per booking.
The BasiGo App shall indicate the Bus Fare applicable and will prompt you to pay for the trip.
Upon successfully paying for the trip, you will be notified that your booking has been successful and will be provided with a ticket containing the trip details, the name of the Driver and the registration number of the Bus.
The BasiGo App uses various algorithms to appoint a Bus closest to your requested location. BasiGo shall not be liable for any delay that may be occasioned in arrival of the Bus including as a result of your failure to provide the correct pick-up details and time or to check the confirmation notification on the BasiGo App.
Provision of Personal Data
You must provide Personal Data to apply for and maintain an Account in the BasiGo App, including your name, phone number and email address, personal addresses, date of birth and gender. You may upload your profile picture although it’s not mandatory for completing the registration process.
BasiGo may also require you to provide certain documentary information used to verify Personal Data including proof of address or personal identification.
You agree to provide the required information to open and maintain an account on the BasiGo App and agree to keep such information current and up-to-date.
You confirm that by accepting these terms and conditions in the designated manner, creating an Account, and providing Personal Data you consent to the collection, processing, and use of such data by BasiGo in line with the BasiGo Privacy Policy and these Terms.
2.5. Verification of information
BasiGo relies on the accuracy of the information provided by you when applying for and maintaining your Account.
We may limit your access to the BasiGo App, interrupt provision of the Services to you, or suspend or close your Account where the information you provided is incomplete, inaccurate, falsified or out of date.
You are aware that failure to comply with request(s) for documentation before accepting these Terms or during the use of the BasiGo App may result either in suspension of access to the BasiGo App or the termination by BasiGo of the Services.
You agree that the information sent to BasiGo in the context of the implementation of paragraph 2.3 may be retained by BasiGo and/or its Third-Party Service Providers, for the duration set out in the BasiGo Privacy Policy.
Access, Safeguards and Credentials
You will keep your Account secure and not provide access to any other third party.
You will take all reasonable steps to safeguard the privacy, confidentiality, and security of your Credentials.
You will ensure that you do not share your Credentials with any other person or third party.
You will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party. You agree that you shall not authorize any third parties to use your Account and may not allow any persons under the age of eighteen (18) years to use the BasiGo App.
Your Account cannot be transferred or assigned to a third party. BasiGo shall not be liable for any third-party claim with respect to any loss that you may have incurred as a result of someone else using your password or Account, either with or without your knowledge.
As soon as you become aware of a security breach or fraudulent access to your Account or if your Account has been compromised or misused or where you know or believe your Credentials are compromised or lost, you must reset your Credentials by following the prompts in the BasiGo App and/or inform BasiGo to assist in resetting your Credentials and/or blocking your Account pending resolution of the security breach.
An Account blocking request must be made using the in-app support or 'contact us' option available on the BasiGo App.
BasiGo cannot be held liable for the consequences of a blocking request that does not come from you.
You are responsible and liable for any actions or failure to act if your Account is compromised.
Security
You are responsible for maintaining the confidentiality and security of your Credentials which allow you to use the BasiGo App. You understand and agree that you are liable for any unauthorized use of your Account.
BasiGo may suspend access to your Account or the Services at any time and for any reason, in our sole and absolute discretion with prior notice. Some of the reasons we may suspend access to your Account include: if we believe your Account has been compromised, if we believe that not doing so may pose a risk to you, BasiGo or any third parties, if Personal Data is incomplete, inaccurate, or out of date, if we believe you have violated these Terms or the law, or if we are required to do so by law.
CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
General
Your obligations shall be to:
ensure that all Personal Data is current, accurate and complete and up-to-date;
keep the Credentials confidential, acknowledging that you shall be responsible for all the activity taking place in the BasiGo App through such Credentials;
protect all Intellectual Property Rights of BasiGo which you have access to by using the BasiGo App;
use the BasiGo App solely as set forth in these Terms;
comply with the BasiGo App Privacy Policy and all applicable law in connection with your use of the BasiGo App and the Services;
use the BasiGo App and the Services only for personal use;
be liable for any breach or violation of these Terms or any of the agreements, terms, and policies incorporated by reference.
communicate respectfully and refrain from using any form of disrespectful, harassing, abusive, or hate speech with BasiGo team members, BasiGo third party contractors or other customers.
Supply and update of information
You undertake to provide BasiGo with all the information necessary for the proper performance of the Services and, more generally, to actively cooperate with BasiGo in fulfilling its obligations under these Terms. If you do not comply with this obligation, BasiGo reserves the right to suspend the Services until the required information is obtained.
You represent and warrant to BasiGo that all information that you provide to BasiGo, including those provided through the BasiGo App are accurate, up-to-date and true on the day they are communicated to BasiGo and are not vitiated by any misleading nature or likely to mislead.
If the information provided becomes inaccurate or obsolete at any point while using the BasiGo App, you undertake to update it as soon as possible.
It is your responsibility to formally notify BasiGo of any change of the information concerning your Account or Credentials BasiGo is not liable for any damage that may result from an inaccuracy or change on which it has not been notified.
Compliance with regulations
You undertake to (i) comply with these Terms, (ii) comply with the laws and regulations in force and not to infringe the rights of third parties or violate public order and (ii) only perform activities that comply with the applicable laws and regulations.
You agree to indemnify BasiGo and pay any fines, financial penalties, or damages resulting from any illegal, unlawful, or unethical activity by you while using the Services or the Transport Services.
Customer Undertakings
You undertake:
not to breach or circumvent or attempt to breach, scan, or test the vulnerability of the security system and related systems of the BasiGo App;
not to access or attempt to access any data that is not intended for you or any data that you are not authorized to access;
to refrain from interfering with the normal functioning or availability of the BasiGo App and/or performing any action that could cause the interruption or deterioration of one or more Services;
not to upload to the Services, display, send by email or otherwise transmit any material containing software viruses or other harmful or disruptive computer codes, files or programs designed to interrupt, destroy, or limit the functionality of the BasiGo App; and
not to attempt to interfere with the Services of any other customer or its users, host, or network, including, but not limited to, exposing the Services to a virus, creating a server overload, flooding the server, flooding the messaging services.
You acknowledge having read about the characteristics and limitations, in particular technical, of the BasiGo App. You are solely responsible for your use of the Services.
You are informed and accept that the use of the BasiGo App requires an internet connection, and that the quality of the Services depends directly on this connection as well as on mobile phone hardware and/or third-party software, for which you are solely responsible.
BASIGO OBLIGATIONS
Subject to you abiding by these Terms, BasiGo agrees to:
provide the Services through the BasiGo App to you;
provide technical advice and assistance to you as may be reasonably necessary for the use of the Services; and
take all reasonable steps to ensure that any system malfunctions to the BasiGo App are rectified in the shortest time possible.
BasiGo does not guarantee to you that the Services will be completely free of errors or defects or be continuously available. In addition, the Services are standard and are therefore not offered solely for a given customer or to specifically meet your needs and expectations.
BasiGo undertakes to:
do its best to ensure the security of the BasiGo App;
inform you of any reasonably foreseeable difficulty, in particular with regard to the implementation of the Services or the proper functioning of the BasiGo App;
notify you in good time when carrying out Updates to the BasiGo App; and
regularly carry out checks to verify the functioning and accessibility of the BasiGo App.
BasiGo reserves the right to at any time modify the technical means of access to the Services and/or to the BasiGo App based, in particular, on the evolution of the technology or its service offer. It is your responsibility to ensure that the software or telecommunications tools or hardware at its disposal are adapted to these developments.
BOOKING FEE
You agree to pay the Booking Fee charged during the reservation of a bus seat through the BasiGo App.
This Booking Fee is a non-refundable charge which shall be paid in advance for the convenience of booking your seat through the BasiGo App.
BUS FARE
The Bus Fare for the trip shall be determined by the Bus Owner and will be displayed on the BasiGo App at the time you are booking your trip.
You shall be obligated to pay the Bus Fare prior to any ride on the Bus as provided on the BasiGo App. You may pay the Bus Fare using your preferred payment method from those available on the BasiGo App including mobile money, debit card or credit card.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that BasiGo may use a secondary payment method in your Account, if available. If you have no funds available to pay the Bus Fare, you will be unable to use the Service.
TRANSFER
You may elect to transfer your request for a ride at any time during the Transfer Period, in which case you will not be charged a Transfer Fee.
The Transfer Period shall be:
Any period up until two (2) hours prior to the start time of the trip; or
For bookings made within two (2) hours of the start time of a trip, BasiGo shall calculate the total time duration between the booking time and the start time of the trip (Wait Period), and this Wait Period shall be split into half. The Transfer Period will be the first half of the Wait Period.
CANCELLATION
You may elect to cancel your request for a ride at any time during the Cancellation Period, in which case you will not be charged a Cancellation Fee.
The Cancellation Period shall be:
any period up until two (2) hours prior to the start time of the trip; or
for bookings made within two (2) hours of the start time of a trip, BasiGo shall calculate the total time duration between the booking time and start time of the trip (Wait Period) and this Wait Period shall be split into half. The Cancellation Period will be the first half of the Wait Period.
A Cancellation Fee shall be chargeable in the following circumstances:
if you cancel the ride after the Cancellation Period;
if you do not show up for your trip; or
if the Driver that is allocated to you and waits for more than two (2) minutes at your allocated location after the scheduled time.
You shall be notified regarding the application of a Cancellation Fee in advance whenever you attempt to cancel a booking on the BasiGo App in the instances set out in clause 6.3.
The Cancellation Fee shall be due and payable by you at the time of cancellation which may be recovered from the Bus Fare at the time of cancellation. The balance of the Bus Fare shall be refunded to you through your preferred payment method within 2 business days.
If BasiGo is not able to recover the Cancellation Fee at the time of cancellation, the same shall remain a debt due from you in your account and may be recovered by adding the same to the Bus Fare for a new trip.
In the event a Driver cancels a ride, you shall be refunded the full amount of the Bus Fare charged when booking the ride. All refunds made in respect of these Terms shall be made to you through your preferred payment method within 2 business days.
CHANGES TO THE SERVICES AND NOTICES
BasiGo may add Services or modify existing Services at any time. Some of these Services will be subject to additional terms. You acknowledge and understand that in order to use certain Services, you must agree to the additional terms that BasiGo will notify you of, and which will be incorporated by reference and form a part of these Terms.
BasiGo does not guarantee that the Services will always be offered to you, that they will be available to you, or that you will qualify or be able to utilize any particular service. Services may change from time to time, and certain Services may be discontinued, or others may be added.
BasiGo will provide Notices regarding certain activity and alerts to your Account electronically through the BasiGo App, email, push notification, or via text or SMS to the contact information provided to BasiGo by you.
Notices regarding legal terms, and any other important Notices related to your Account will be sent to you through your authorised email or to your mobile phone through push notifications from the BasiGo App or through text or SMS messages and are considered received twenty-four (24) hours after they are sent. You understand that you shall not be able to use the Services unless you consent to receive Notices electronically. You may withdraw consent to receive Notices electronically by closing your Account.
BasiGo may send Notices to your mobile phone through push notifications from the BasiGo App, email, text, or SMS messages to the mobile phone numbers provided to BasiGo by you. These Notices may include alerts about Services and may allow you to respond with information about your Account. You may elect to not receive certain Notices via text or SMS, but this may limit the use of certain Services or may increase risks to you including losses caused by lost or stolen Credentials.
BasiGo may send emails or SMS messages to you in connection with use of your Credentials (such as through multi-factor authorization), to allow BasiGo to verify your identity, to provide other information about your Account and for other purposes that BasiGo may identify and that are available through your Account.
You shall be required to maintain updated mobile device operating systems to receive Notices correctly. You shall be responsible for all costs imposed by their respective internet or mobile service providers for sending or receiving Notices electronically.
UPDATES TO YOUR INFORMATION
You will keep Personal Data current, complete, and accurate in your Account at all times.
At any time during your use of the Services, BasiGo may require additional information from you to verify or validate the information provided and verify your identity.
CONTENT
Information provided on the BasiGo App and in other communications from BasiGo is for information purposes only. BasiGo believes it to be reliable, but it may not always be entirely accurate, complete, or current. BasiGo may change or update information from time to time without Notice.
The information BasiGo provides on the BasiGo App and in other communications to you may contain third-party content or links to third-party sites and applications. BasiGo does not control any such third-party content, sites, the BasiGo App, and is not responsible or liable for the availability, accuracy, completeness, or reliability of third-party content or for damages, losses, failures, or problems caused by, related to, or arising from such third-party content or the products or practices of third parties.
PROCESSING OF COMPLAINTS
Any claim related to the provision of the Services must be sent by you to BasiGo's customer service by email to the following address: customersupport@basi-go.com or sent by you to the in-app chat support function on the BasiGo App.
Any claims raised in accordance with this clause 10 shall be addressed in accordance with BasiGo's Customer Support Policy within BasiGo's operational hours.
TELEPHONE RECORDINGS
Telephone conversations with BasiGo staff may be recorded by BasiGo or any company appointed for this purpose, in order to improve the quality of the Services for you.
INTELLECTUAL PROPERTY RIGHTS
BasiGo and its Affiliates are and shall remain the owners of all legal and beneficial right, title, and interest in all the Intellectual Property Rights connected to or arising from BasiGo App, the Services, these Terms, and all data generated or provided pursuant to these Terms.
You shall give notice to BasiGo of any Intellectual Property Rights infringement as soon as reasonably practicable on becoming aware of it.
You agree that no Intellectual Property Rights are transferred to you concerning any of the elements of the Services and the BasiGo App made available to you under these Terms, including software, structures, infrastructure, source codes, databases, know-how, user interface, photos, brand, interactive elements or any content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by BasiGo and the technical documentation that may be provided by BasiGo to you.
Subject to acceptance of these Terms and where applicable the payment of the Bus Fare, BasiGo grants you a personal, non-exclusive, and non-transferable licence to use the BasiGo App in connection with accessing and making use of the Services only. This right is granted for the duration of provision of the Services and shall terminate once you cease to use the Services.
You shall refrain from carrying out:
any adaptation, modification, transformation, translation, arrangement, duplication, decomplication, disassembly re-engineering, reverse engineering, or reproduction of the BasiGo App, regardless of its nature, extracting it in whole or in part and, in general, is prohibited from any act that would infringe the Intellectual Property Rights of BasiGo and/or its Affiliates;
any form of use of the BasiGo App and associated documentation, in any manner whatsoever, for the purposes of design, creation, production, distribution or marketing of similar, equivalent, derivative or substitute software including to correct errors;
any direct or indirect transcription, or any translation of the BasiGo App into other languages;
any modification or circumvention of the protection code such as, in particular, access codes or usernames;
any deletion, partial or total modification of existing notices relating to copyright, trademark rights and more generally intellectual property rights, affixed to the BasiGo App;
decompiling, disassembling, reverse engineering or otherwise attempting to derive the source code or underlying technology, methodologies, or algorithms of the BasiGo App; or
sublicense, lease, rent, sell, give, or otherwise transfer or provide the BasiGo App (or part of it) to any third party.
PROHIBITED USAGE & CONDUCT
Your Account and the Services may not be (a) used for any purpose that is unlawful or prohibited by these Terms, (b) provided to or used for any transaction involving a Prohibited Person, or (c) used by third parties unaffiliated with you, or (d) provided or used for any purpose involving illegal activities.
You agree to not to:
behave in any manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
cause nuisance, annoyance, inconvenience, or property damage, to the Bus, Bus Owner, or Driver. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity;
interfere with or disrupt the Services or servers, or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
intentionally or unintentionally violate any applicable local, or international law, including, but not limited to, laws and regulations promulgated by any regulations having the force of law.
BasiGo will not approve and may terminate Accounts that it knows or believes are engaged in any illegal activities or otherwise do not comply with these restrictions.
You agree to pay all fines assessed against BasiGo for their violation of the restrictions and requirements of this section or any use of the Services in connection with any illegal activities.
CONSENT TO COLLECTION, USE AND PROCESSING OF DATA
BasiGo processes Personal Data in accordance with the BasiGo App Privacy Policy (which may be accessed here). You acknowledge, understand, and agree that such collection, processing, and sharing of Personal Data and Sensitive Personal Data is to facilitate provision of the Services in accordance with these Terms and the BasiGo App Privacy Policy.
BasiGo and/or its Third-Party Service Providers may collect certain Personal Data and Sensitive Personal Data for purposes of providing the Services.
To facilitate the collection and use of Personal Data and Sensitive Personal Data:
You authorize BasiGo and its Third-Party Service Providers to use the Personal Data as contemplated by and in furtherance of the objectives of these Terms and to provide the Services, including for identifying and tracking participating customer members activity; and
You permit the monitoring, collection, use, disclosure, and sharing of Personal Data and Sensitive Personal Data for the purpose of enabling the Services.
BasiGo agrees that it will only use Personal Data and Sensitive Personal Data provided to it in connection with fulfilling its obligations to you pursuant to these Terms and as outlined in the BasiGo App Privacy Policy.
You consent to the access and processing of Personal Data and Sensitive Personal Data collected in connection with the Services, and acknowledges and agrees that BasiGo and its Third Party Service Providers may use such data for purposes of generating anonymous, aggregated, statistical models and compilations, trend analyses, program performance analyses, benchmarking, the development of case studies and for internal business purposes so long as such data is not publicly attributable to and no reference is made to you, and that such data may be otherwise used by BasiGo and its Third Party Service Providers in accordance with these Terms and the BasiGo App Privacy Policy.
BasiGo shall comply with all the obligations that apply to it under the Data Protection Act, 2019 and the regulations made thereunder.
SUSPENSION
BasiGo may, with reasonable notice where practicable, suspend the availability of the Services to you wholly or partially for any valid reason, including without limitation, where (i) you breach these Terms, (ii) the Services are used in a manner contrary to the representations made to BasiGo by you or in a manner inconsistent with the conditions of any approval granted to you; (iii) investigations are contemplated or ongoing and BasiGo reasonably believes that suspension of the Services is likely to facilitate the investigations; (iv) any approval for the Services granted to you is subsequently revoked or expires.
In the event of suspension, BasiGo shall give you reasonable notice (Suspension Notice) to remedy the cause of the suspension failure to which BasiGo shall be at liberty to terminate these Terms.
Upon conclusion of investigations, BasiGo may either reinstate the Services or terminate the Services and close your Account in accordance with the provisions of clause 16.
TERMINATION
These Terms come into effect from the date you check a consent box on the BasiGo App when registering for an Account.
These Terms shall cease to have effect on you in the following circumstances:
when you opt to close your Account; or
upon closure of your Account by BasiGo if you materially breach these Terms and fail to cure such breach within thirty (30) days after notice of said breach.
For the purposes of paragraph 16.2.2 material breach means a breach that is serious and has an effect, substantial or otherwise, on the performance of these Terms in the reasonable opinion of BasiGo.
BasiGo may, by notice to you, discontinue the BasiGo App and the Services. The expiration or termination of the Services shall be without prejudice to all accrued rights and obligations of the Parties under these Terms and to all obligations under these Terms expressed to continue or take effect after expiration or termination. This paragraph shall survive the termination of the Services.
AMENDMENT OF THESE TERMS
BasiGo reserves the right to at any time amend all or part of these Terms.
Any proposed amendment of these Terms will be sent by BasiGo to you, on the BasiGo App and/or by email, no later than five (5) working days before the date proposed for its entry into force. You shall be deemed to have accepted the proposed amendment if you have not notified BasiGo before the proposed effective date of this amendment, that you have not accepted them.
If a change is not acceptable to you, you can terminate the Services by deleting your Account from the BasiGo App.
BasiGo may not under any circumstances be held liable for any damage, in any respect whatsoever, in connection with the modification of the Terms if you refrain from terminating the Services and continue to use the Services after the effective date of the modifications.
WARRANTIES AND REPRESENTATIONS
By registering for the Services, you represent and warrant that:
you have attained at least eighteen (18) years of age and you have the authority to enter into these Terms and to fully perform its obligations hereunder;
these terms do not and will not conflict with any of you obligations to any third parties;
you comply and will comply with all applicable laws and regulations;
you are not engaged in any illegal activities;
you are not a Prohibited Person. For the purpose of this paragraph, a Prohibited Person is any individual or organization that is subject to sanctions in any country in the world, or is subject to any law, regulation, or other list of any government agency that prohibits or limits BasiGo from providing an Account or Services to such person or from otherwise conducting business with the person;
all information you provide to us is and will be current, accurate, and complete;
you will use its Account exclusively for personal use; and
you have reviewed these Terms and all other terms, agreements, or policies incorporated by reference.
LIMITATION OF LIABILITY AND INDEMNITY
You acknowledge that BasiGo is not a bus or transport operator and is only responsible for providing the Services. BasiGo is not responsible for any risk, damage, or loss to you or to your property arising from or related to the Transport Service.
You acknowledge that the Bus Owner is solely liable for any risk, damage or loss to you or your property arising from your use of the Transport Service. Any accidents or incidents that may occur involving you while using the Transport Service shall be resolved directly with the Bus Owner.
You shall indemnify and hold BasiGo harmless from any loss resulting from the use of the Services in any other manner other than as set out in these Terms.
BasiGo shall not be liable for any delayed arrival or departure of the Bus from the pickup and drop off locations. You must book the ride after taking into account traffic and weather conditions, political rallies, natural calamities, traffic barricades, car breakdowns and other unexpected delays.
Notwithstanding anything to the contrary of these Terms, and except to the extent required by law, the total liability of BasiGo shall not exceed the Bus Fare paid when booking the trip.
BasiGo and its Third-Party Service Providers provide their respective services “as is.” BasiGo and its Third-Party Service Providers disclaim any and all promises, representations, and warranties, express or implied, with respect to these Terms and any other data, information, or other material furnished to you hereunder and warranties of non-infringement, title, customer ability, or fitness for a particular purpose or use. Neither BasiGo nor any of its Third-Party Service Providers warrant that the BasiGo App, any internet connections, or third-party connectivity, will operate uninterrupted or error-free. BasiGo and its Third-Party Providers disclaim any and all liability arising from the transmission of information over the internet, or any impairment or disruption of the internet. If and to the extent that the services provided hereunder are delayed, suspended, or terminated for reasons beyond BasiGo or its Third-Party Service Provider’s reasonable control, including the inability or unwillingness of third parties to provide supportive services, BasiGo and its Third-Party Service Providers hereby disclaim any and all liabilities associated therewith.
In no event shall BasiGo be liable for any direct, indirect, punitive, incidental, special, or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if BasiGo has been advised of the possibility thereof.
The limitations and disclaimer in this clause 19 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Without prejudice to the foregoing, you shall indemnify and keep BasiGo indemnified from, defend BasiGo against, and pay any final judgment awarded against BasiGo, resulting from third party claims arising from the use of the Services leading to loss or damage (including consequential loss or damage) where the proximate cause of such loss or damage is attributable to your negligence, recklessness, indifference, delay, or failure.
You shall defend, indemnify and hold harmless BasiGo and its Third Party Service Providers, and their respective affiliates, directors, officers, employees, agents, successors, heirs and assigns (collectively, the “Indemnitees”), from and against any and all losses, costs, taxes, liabilities, damages, fines, injuries, interest or expenses (including reasonable attorneys’ fees and costs of investigation and defence) suffered or incurred by any Indemnitee (collectively, “Losses”) to the extent such Losses are attributable to any customer or third party claims, actions or proceedings (collectively, “Third Party Claims”) arising from, based upon or related to: (a) any violation of law (including applicable data protection laws) or breach of any covenant, representation or warranty hereunder by you; or (b) any fraudulent or unauthorized use of your Account. You shall pay any judgements, settlement amounts, reasonable legal fees and other costs and expenses of litigation incurred by an Indemnitee of such third-party Claims. The foregoing indemnity obligation shall survive any termination or expiration of these Terms.
CONFIDENTIALITY OBLIGATIONS
Neither party shall disclose to any person any Confidential Information, except as permitted by clause 20.2.
BasiGo may disclose your Confidential Information:
to Third Party Service Providers and you hereby consent to such disclosure consent;
to its employees, officers, agents, consultants, or subcontractors (Representatives) who need to know this information for the purposes of exercising its rights or carrying out its obligations under or in connection with this Agreement, provided that BasiGo shall take reasonable steps to ensure that its Representatives comply with the confidentiality obligations contained in these Terms.
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
BasiGo reserves all rights in its Confidential Information. No rights or obligations in respect of BasiGo's Confidential Information are granted to you or to be implied from these Terms. In particular, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright, or other intellectual property right held, made, obtained or licensable by BasiGo now or in the future.
FURTHER ASSURANCE
You shall at any time if and when reasonably required by BasiGo take such action as may be required to give full effect to these Terms.
BasiGo shall be entitled to place reliance upon and to act on any notice, confirmation, information, or correspondence received (whether in writing or electronic form) from you in connection with these Terms and BasiGo shall not be under any obligation or duty to consider the genuineness authenticity or correctness of any such notice, confirmation, information, or correspondence.
FORCE MAJEURE
Where BasiGo is prevented, hindered, or delayed in performing any of its obligations under these Terms by a Force Majeure Event, BasiGo shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of its obligations.
As soon and reasonably practicable after the start of a Force Majeure Event BasiGo shall:
notify you of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under these Terms; and
use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
Upon notification of the Force Majeure Event, BasiGo shall suspend the performance of these Terms until the Force Majeure Event ceases.
BasiGo may terminate the Services in the event that the Force Majeure Event lasts for more than ninety (90) days from the date of notification.
NOTICES
All notices or other communications to be given under these Terms shall be sent by e-mail transmission SMS message or through the BasiGo App.
Any notice or communication given under these Terms shall, in the absence of earlier receipt, be deemed to have been duly given as follows:
in the case of e-mail, when a delivery-receipt has been received by the sender in respect of the email address notified or an acknowledgement of the e-mail by the recipient sent to the sender; or
in the case of a notification through the BasiGo App or SMS message, when a delivery-receipt has been received by the sender in respect of the Account notified or an acknowledgement of the notification by the recipient sent to the sender.
The addresses referred to in paragraph 23.2 are: in the case of a notice given to BasiGo:
BasiGo Limited
Mkungu Close, Westlands, Nairobi.
Email: customersupport@basi-go.com
in the case of a notice given to you, the address provided by you when registering for these Services or as updated from time to time.
If, in accordance with the above provisions, any such notice or other communication would otherwise be deemed to be given or made outside normal working hours in the place of service of the notice or other communication it shall be deemed to be given or made at the start of normal working hours on the next usual working day.
INDEPENDENT CONTRACTOR/NO PARTNERSHIP
Nothing in these Terms is intended to or shall be deemed to establish any partnership or joint venture between any of the parties, constitute any party as an agent for the other party or authorise any party to make or enter into any commitments for or on behalf of any other party.
GENERAL
You shall not be at liberty to assign, delegate, sub-contract or otherwise transfer any or all of its rights and obligations under these Terms without the consent of BasiGo. BasiGo shall be entitled to assign these Terms to any party and shall provide you with written notice to this effect.
These Terms (together with any documents referred to in these Terms) constitutes the whole agreement between the parties relating to the matters contemplated herein and no party has relied on any representation made by any other party which is not a term of these Terms.
No agent or representative of any party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or terms not set forth herein.
Failure by any of the parties to exercise any rights under these Terms in any one or more instances will not constitute a waiver of such rights in any other instance. A waiver by any of the parties of any default under these Terms will not be deemed a waiver of any other default.
If any provision of these Terms shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity, and enforceability of the other provisions of these Terms shall not be affected and the legality, validity, and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.
Any action required or permitted to be taken, and any document required or permitted to be executed, under these Terms by any party may be taken or executed by the authorised representatives of such party.
DISPUTE RESOLUTION
Each party shall settle amicably any dispute arising out of or in connection with these Terms or in its validity, interpretation, or termination.
Save as herein otherwise specifically provided, any dispute (including as to the interpretation, validity, enforceability or termination of these Terms) between the parties as to matters arising under or pursuant to these Terms as aforesaid which cannot be settled amicably thirty (30) days after receipt by one party at the other party’s request for such amicable settlement may be submitted by either party to arbitration in accordance with the provisions of paragraphs 26.3 to 26.8(both inclusive).
If the parties so agree, the dispute shall be referred to a single arbitrator or if they are unable to agree upon the person to be appointed as arbitrator within ten (10) days from the date of the notice requesting arbitration, the arbitrator shall, at the request of either party, be appointed by the Chairman of the Chartered Institute of Arbitrators of the United Kingdom, Nairobi Branch or failing him by the President of the Law Society of Kenya. The venue and seat of the arbitration shall be Nairobi.
Arbitration proceedings shall be conducted in accordance with the rules or procedures for arbitration of the Chartered Institute of Arbitrators of the United Kingdom, Kenya Branch.
If for any reason an arbitrator is unable to perform his function, a substitute shall be appointed in the same manner as the original arbitrator.
The decision of the arbitrator shall be final and binding on the parties.
The fees and expenses of the arbitrator shall be borne by the parties in equal shares.
Notwithstanding the above provisions of this paragraph 26, a party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final decision or award of the arbitrators.
GOVERNING LAW
These Terms and any dispute or claim, including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Kenya.