TERMS & CONDITIONS

ZAPP TERMS AND CONDITIONS OF USE

As of June, 2023

Thank you for your interest in the Zapp application for your mobile device (the "App")
provided to you by Infinity Realm Limited ("Infinity Realm", "us" or "we"), and our website at Zapp.co.ke (the "Site"), as well as all related web sites, and downloadable software
provided by us and on which a link to these Terms of Service is displayed (collectively,
together with the App and Site, our "Platform"). These Terms of Service (these "Terms"),
including the Privacy Policy incorporated into these Terms by reference and any other
applicable policies and guidelines, as may be updated from time to time, govern your use
of the Platform. By using or accessing the Zapp Platform in any manner, including
downloading, installing or using any App, or Selling, or Sending, or Receiving or
Performing any Delivery Services, you hereby expressly acknowledge and agree to be
bound by these Terms, and any future amendments and additions to these Terms as
published from time to time at our Website or on the App. These Terms constitute a legal
agreement between you and Zapp. In order to use the Platform you must agree to these
Terms.
All references to “you” or “your,” as applicable, mean the person who accesses, uses,
and/or participates in the Platform in any manner, and each of your heirs, assigns, and
successors collectively referred as (“User”). If you use the Platform on behalf of an entity,
organization, or company, you represent and warrant that you have the authority to bind
that entity to these Terms, your acceptance of the Terms will be deemed an acceptance
by that entity, and “you” and “your” herein shall refer to that entity.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE
PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO
BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE
PLATFORM.


ZAPP PLATFORM
The Platform connects Customers with peer to peer sellers (P2P), retail stores (B2C),
services providers and restaurants, all together as “The Businesses/Sender”, and with
independent contractor Riders/Couriers (“Riders”), to facilitate on-demand delivery services.
Through the Platform, Customers may request that goods, services or food be made
available for delivery to them from a Business by Riders who contract with Zapp to
access the Platform and receive delivery opportunities.
Zapp is not a retail store, restaurant, food delivery platform, goods delivery platform or
food preparation entity. Zapp is not liable or responsible for Businesses’ compliance with
applicable National, County, or local laws, rules, regulations or standards pertaining to
their businesses. In addition, Zapp does not guarantee the quality of what Businesses sell
and does not independently verify, and is not liable for, representations made by
Businesses regarding their products on the Platform. Zapp also does not guarantee the
quality of goods or items Customers send and does not independently verify, and is not
liable for, representations made by Senders regarding the products sent on the Platform.
Zapp is not the retailer of any products offered by Businesses, nor is it in the delivery
business or a common carrier. Zapp provides a technology platform facilitating the
transmission of orders by Customers to Businesses for delivery by Riders . Riders are
independent contractors and not employees, partners, agents, joint ventures, or
franchisees of Zapp. Riders have entered into independent contractor agreements with
Zapp, which require them to comply with all applicable National, County, and local laws,
rules and regulations. Zapp shall not be liable or responsible for any delivery services
provided by Riders , or any errors or misrepresentations made by any of them. You hereby
acknowledge that Zapp does not supervise, direct, control, or monitor a Rider provision of
services and expressly disclaims any responsibility or liability for the services performed.
Zapp is committed to ensuring that the goods or food ordered by a Customer is delivered
in a manner consistent with Customer’s expectation.
As provided in greater detail in these Terms, and to keep Zapp community safe, friendly
and helpful for all, you agree and acknowledge these material terms:

• You are legally entitled to and have the right, authority and capacity to enter into the
agreements set forth in these Terms and to fulfill your obligations hereunder.
• You will only create one User Account
• The Platform is licensed, not sold to you, and you may use the Platform only as set
forth in these Terms;
• Your use of the Platform may be subject to separate third-party terms of service and
fees, including without limitation your mobile network operator’s ("Carrier") terms of
service and fees, including fees charged for data usage and overage, which are your
sole responsibility;
• You consent to the collection, sharing, and use of your personally identifiable
information in accordance with Zapp’ Privacy Policy;
• The Platform is provided "as is" without warranties of any kind, and Zapp’ liability to
you is limited.
• You will provide Zapp with such proof of identity we reasonably request and will not
impersonate any person or entity or falsify or otherwise misrepresent yourself or
your affiliation (actively or by omission) with any person or entity, including Zapp.
Riders must use a true facial picture in their profile when creating an Zapp account.
• You will only access and use the Platform and receive or perform Delivery Services
for lawful purposes and in accordance with all applicable laws and regulations.
• You will not access or use the Platform, or receive or perform Delivery Services for
shipping, sending or storing any unlawful material, for fraudulent purposes, for
promoting or encouraging any illegal activity, or for committing or assisting in the
commission of a crime.
• You will keep in confidence and shall not disclose, or use for the benefit of others,
any and all third parties’ confidential, proprietary, or personally identifiable and/or
personal health information of which you may become aware as a User, except as
necessary to carry out and perform under these Terms.
• You will not collect or store any information about any other User. You will not
access or use any information about any other User other than as allowed through
the Platform and only as strictly needed during the performance of a delivery.
• You will not contact any other User directly or outside of the Platform. You shall not
contact another User directly once the delivery is complete.
• You will not stalk, intimidate, threaten or otherwise harass or cause physical or
mental distress to any third party, including other Users and Zapp staff and
representatives.
• You will not copy, or distribute text, graphics, images, music, software, audio, video,
information or other like materials related to our Website, Platform or App
(“Content“) without written permission from Zapp.
• You will not access or use our Platform or receive or perform Delivery Services in
any way that could cause nuisance, annoyance, and inconvenience or could
interfere with or negatively affect other Users from fully using or enjoying the
Platform or receiving or performing Delivery Services.
• You will not infringe the rights of any third party (including other Users and Zapp)
and including, intellectual property, privacy, publicity or contractual rights.
• You will not discriminate against someone based on traits such as age, color,
disability, gender identity, marital status, national origin, race, religion, sex, or sexual
orientation.
• You will not assist any third-party in any of the above.
ALL CONTACT BETWEEN USERS SHOULD END WHEN THE DELIVERY/SERVICES
IS COMPLETE. TEXTING, CALLING, VISITING, OR TRYING TO VISIT SOMEONE IN
PERSON AFTER THE DELIVERY/SERVICES HAS BEEN COMPLETED IS NOT
ALLOWED. YOU SHOULD IMMEDIATELY ALERT ZAPP IF ANOTHER USER
CONTACTS YOU FOR ANY REASON OTHER THAN YOUR ORDER.
1. Eligibility
You must be at least eighteen (18) years old to use the Platform. By agreeing to these
Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old;
(2) That you have not previously been suspended, banned, or removed from the Platform;
and (3) That your registration and your use of the Platform is in compliance with any and
all applicable laws and regulations.
2. Accounts and Registration
To access some features of the Platform, you must register for an account. When you
register for an account, you may be required to provide us with some information about
yourself (such as your name, credit card information, e-mail address, phone number,
profile image, or other contact information). You agree that the information you provide to
us is accurate, current, and complete, and that you will keep it up-to-date at all times.
When you register, you will be asked to provide a password. You are solely responsible for
maintaining the confidentiality of your account and password, and any password for
Facebook, Google, Apple or other third-party login. You accept responsibility for all
activities that occur under your account. If you have reason to believe that your account is
no longer secure, you must immediately notify us via the Support section in the Apps or
Business Panel. Zapp will not be liable and you may be liable for losses, damages,
liability, expenses, and lawyers’ fees incurred by Zapp or a third party arising from
someone else using your account due to your conduct regardless of whether you have
notified us of such unauthorized use. You understand and agree that we may require you
to provide information that may be used to confirm your identity and help ensure the
security of your account.
3. Scope of License
The Platform is licensed, not sold, to you for use only under the terms of this license.
Zapp reserves all rights not expressly granted to you. Subject to your complete and
ongoing compliance with these Terms, Zapp hereby grants you a personal, limited, non-
sublicensable, non-transferable, and revocable license to access the Platform on
compatible devices that you own or control, solely for your own personal, non-
commercial use, and only in a manner that complies with all legal requirements that apply
to you or your use of the Platform. Zapp may revoke this license at any time, in its sole
discretion.
You may not modify, alter, reproduce, distribute or make the App available over a network
where it could be used by multiple devices at the same time. You may not rent, lease,
lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or
otherwise exceed the scope of the license granted in these Terms, you may be subject to
prosecution and legal damages, as well as liability for infringement of intellectual property
rights. These Terms will govern any updates provided to you by Zapp that replace and/or
supplement the original App, unless the upgrade is accompanied by a separate license in
which case the terms of that license will govern.
4. Payment Terms
4.1. General Payment Terms
Platform
You understand that the prices for product or menu items displayed through the Platform
may differ from the prices offered or published by Businesses for the same product or
menu items and/or from prices available at other third-party websites/mobile applications.
Prices for product or menu items displayed through the Platform may not be the lowest
prices at which the product or menu items are sold. Because of the nature of the
Platform, Zapp does not always know how much a Business will charge for a particular
product or menu item.
Certain features of the Platform, including placing orders, may require you to pay fees to
Zapp. Zapp may change, or add, fees for use of our Platform at any time as we deem
necessary or appropriate for our business. You will have an opportunity to review and
accept the fees that you will be charged, as applicable. You acknowledge and accept that
a fee will be charged, and you agree to pay said fee. We encourage you to check your
order if there is additional fee.
Zapp has no obligation to itemize its costs, profits or margins when publishing prices on
the Platform and reserves the right to change such prices at any time, at its discretion.
You are liable for all transaction taxes on the Platform provided under these Terms (other
than taxes based on Zapp’ income).
Zapp will charge the payment method you specify at the time of purchase or as otherwise
specified by you in your account information. We may also place a pre-authorization hold
on your payment method, as described in Section 4.2.
Charges paid by you are final and non-refundable, except as expressly provided in
Section 4.2, and will be quoted in Kenyan Shillings. Except as expressly provided in
Section 4.2, Zapp has no obligation to provide refunds or credits. However, Zapp, in its
sole discretion, may provide Customers with refunds, courtesy delivery or product credits,
or make promotional offers with different features and different rates to any Customers,
which are subject to these Terms (see Credits section below).
Promotional Offers and Credits.
Promotional Offers. Zapp, in its sole discretion, may make promotional offers with
different features and different rates to any Customer. These promotional offers are
subject to these Terms and may be valid only for certain Customers as indicated in the
offer. A Customer must have a valid Zapp account with a valid form of accepted payment
to take advantage of a promotional offer. You agree that promotional offers: (i) may only
be used by the intended audience, for the intended purpose, and in a lawful manner; (ii)
may not be duplicated, sold or transferred in any manner unless an original transfer of
token cards from a Business to it’s customers happens, or made available to the general
public, unless expressly permitted by Zapp; (iii) are subject to the specific terms that
Zapp establishes for such promotional offer; (iv) cannot be redeemed for cash or cash
equivalent; (v) may only be applied if all qualifying conditions are met; and (vi) are not valid
for use after the date indicated in the offer.
Promotional offers can only be redeemed for Zapp orders on Zapp.co.ke or Zapp app
with the latest version, and within areas and times that Zapp Platform is available.
Promotional offers are non-transferrable unless stipulated, may not be resold, and are not
redeemable for cash, cash equivalent or other consideration. For promotional offers
available only to new Customers, as applicable, Customers will be disqualified and will
not be entitled to receive the offer if Zapp has a record of their name, email, or phone
number, having been used for a prior Zapp order or being linked to an existing active or
inactive Zapp account. Offers cannot be applied retroactively for prior purchases and
cannot be combined unless otherwise indicated. You agree we may change the terms
and conditions of an offer, terminate an offer, or expire, withhold, deduct, limit, or modify
an offer at any time for any reason. Zapp reserves the right to withhold or deduct credits
or benefits obtained through a promotion in the event that Zapp determines or believes
that the redemption of the promotion or receipt of the credit or benefit was in error,
fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Zapp
reserves the right to modify or cancel an offer at any time. The offer-redeeming Customer
is responsible for paying any applicable sales tax related to the use of an offer. Zapp has
no obligation for payment of any tax in conjunction with the distribution or use of any
Offer.
If your account is deactivated for any or no reason, you may forfeit any pending, current,
or future promotional offers and any other forms of unredeemed value in or associated
with your account without prior notice to you.
4.2. Payment Authorization
You authorize Zapp to charge all sums for orders that you make to the payment method
designated in your account. When you place an order through Zapp, a temporary pre-
authorization hold is placed when you use a credit/debit card to verify that the card is
valid and has funds available for your intended purchase. The amount of this pre-
authorization hold may be greater or less than the order total quoted at checkout.
However, your payment will be captured up to 24 hours after your order is completed or
cancelled. In the event that the pre-authorization is greater than the final amount, the
difference will be released after your order is completed or cancelled; depending on your
bank, it may take up to 5 business days to receive access to these released funds. In the
event that the pre-authorization is lower than the final amount, we will either authorize an
increase in the original amount or, if unsuccessful, we will capture the increase in amount
owed by you in a second authorization.
Zapp also places an initial temporary pre-authorization hold on each new payment
method you add to your account. Zapp reserves the right to request additional
information from you if we have reason to believe, in our sole discretion, that a payment
method may be fraudulent.
4.3. Delinquent Accounts
If payment due on your account is delinquent, we reserve the right to suspend or
terminate your access to the Platform; your account information may be sent to a
collection agency/debt collector and you may be subject to a collection action, and
payment of collection related fees and costs. If you do not bring your Zapp balance
current after we provide you with notification that your account is in arrears, we reserve
the right to suspend or terminate your access to the platform. You will be responsible for
paying all past due amounts. If you have questions regarding an outstanding balance on
your account, please contact us via our Support in the App.
4.4. Customer Not Available
Zapp reserves the right to charge you the full order amount, including any Zapp fees, if
you are not at the designated delivery location when the Rider arrives to complete the
delivery.
4.5. Returned Items
Returned items are subjected to the businesses terms and conditions. However, our goal
is to make our customers happy with their purchase. If you are unhappy with your order,
contact us and we will make it right for you. To be eligible for a return, your goods must
be unused and in the same condition that you received it, and in the original packaging.
Several types of goods are exempt from being returned. Perishable goods such as food,
flowers, newspapers or magazines cannot be returned. We also do not accept products
that are intimate sanitary goods or personal care items.
If an item is not delivered for any reason, place your refund request within 3 days from the
time you ordered.
You are encouraged to check and confirm the product's size, color, gifts, number of
items, broken items, etc. upon delivery and return on the spot if the ordered item/good is
not what you ordered. If you have successfully returned an item and still have not
received your refund, please contact us at support@Zapp.co.ke.
Items can be returned for different reasons including but not limited to:
• Faulty product – Item/goods has no seal, Item in bad condition
• Missing items – Accompanying items or parts are missing.
• Incorrect size
• Incorrect color
• Incorrect item
Items meeting the specified criteria can be exchanged or refunded. Refund or exchange
request can be denied if it does not meet the criteria specified above or if the Business
responds with valid reason for denying the request.
We may request a photo or photos of item to be returned. Please note that all items/
goods are the property of the Business owners, and only the Business can guarantee the
quality of the items/goods.
Please note that the following items/good cannot be returned or exchanged unless
returned by the Rider immediately upon delivery:
• All undergarments, lingerie, shape wear and toiletries.
• Hair & beauty products
• Cosmetics and perfumes
• Items that have undergone unauthorized repair, misuse, collision, negligence, abuse,
liquid damage, accident, alteration, product quality problems caused by improper
installation, or torn, altered labels of machine serial number or anti-counterfeiting
mark.
• Any other items that had a protective wrapping which you have removed.
In case of warranty issues contact the Business partner directly.
Alcoholic Beverages & Cigarettes and Tobacco Products, Orders
For alcohol items, Cigarettes, and Tobacco Products, the Rider reserves the right, at his
or her discretion, to refuse delivery and return the item(s) if the name on your ID does not
match the name on your order, if you are not at least eighteen (18) years old ("Legal Age"),
or if you cannot provide a bona-fide government-issued photo identification that shows
you are of Legal Age.
Zapp reserves the right to; refuse any refund if in good faith, suspects abuse of this
policy or violations of the terms of use. This policy may be updated from time to time.
5. Third-Party Interactions
5.1. Third-Party Providers
During use of the Platform, you may purchase goods and services from third-party
Businesses through the Platform. Any such activity, and any interactions, disputes, terms,
conditions, warranties or representations associated with that activity, is solely between
you and the applicable third-party Business. Zapp and its licensors shall have no liability,
obligation or responsibility for any purchase or transaction between you and any third-
party provider. In no event shall Zapp or its licensors be responsible for any content,
products, services or other materials on or available from third-party sites or third-party
providers. Certain third-party providers of goods and/or services may require your
agreement to additional or different terms and conditions prior to your use of or access to
such goods or services, and Zapp disclaims any and all responsibility or liability arising
from such agreements between you and a third party.
5.2. Riders
The Platform enables you to engage third-party Riders to provide delivery services. Any
interactions or disputes between you and a Rider are solely between you and that Rider.
Zapp and its licensors shall have no liability, obligation or responsibility for any interaction
between you and any Rider.
5.3. Third-Party Advertising
The Platform may contain third-party advertising and marketing. By agreeing to these
Terms, you agree to receive such advertising and marketing.
5.4. Links to Third Party Sites
The Platform may contain links to third-party websites. Linked websites are not under our
control, and we are not responsible for their content.
6. Your Use of the Platform
In order to use the Platform, you agree to the following:
• The Platform, including any content that forms part of the Platform, contains
proprietary content, information and material that is protected by applicable
intellectual property and other laws, including copyright;
• You will not violate, or encourage others to violate, any right of a third party,
including by infringing or misappropriating any third-party intellectual property right,
or otherwise engage in the unauthorized use of any proprietary content, information
or materials;
• Unless expressly permitted, you may not alter, modify, create derivative works of,
sell, license or in any way exploit any part of the Platform, and you agree not to
copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast
any part of the Platform without prior written authorization;
• You agree not to bypass any security or other features of the Platform designed to
control the manner in which the Platform is used, harvest or mine content from the
Platform, or otherwise access or use the Platform in a manner inconsistent with
individual human use;
• You agree not to perform any fraudulent activity, including impersonating any person
or entity, or accessing any other Platform account without permission;
• You agree not to decipher, reverse engineer, decompile or disassemble the Platform,
or the software used to provide the Platform, in whole or in part, or authorize, direct,
or cause a third party to do so;
• You agree not to use, display, mirror, frame or utilize framing techniques to enclose
the Platform, or any portion thereof, unless and solely to the extent Zapp makes
available the means for embedding any part of the Platform;
• You agree not to access, tamper with, or use non-public areas of the Platform,
Zapp’ (and its hosting company’s) computer systems and infrastructure, or the
technical delivery systems of Zapp’ providers;
• You agree not to use any robot, spambot, spider, crawler, scraper or other
automated means or interface not provided by us to access the Platform or to
extract data;
• You agree not to use the Platform in any manner to harass, abuse, stalk, threaten,
defame or otherwise infringe or violate the rights of any other party, and that Zapp is
not in any way responsible for any such use by you, nor for any harassing,
threatening, defamatory, offensive or illegal messages or transmissions that you may
receive as a result of using the Platform;
• You agree that your use of the Platform may incur third-party fees, such as fees
charged by your Carrier for data usage, and may be subject to third-party terms,
such as your Carrier’s terms of service, and you agree to pay all such fees and abide
by all such terms; and
• You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses
and/or other harmful code into the Platform.
Transactions involving Alcohol. Alcoholic beverages (including but not limited to beer,
wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only
be purchased by Customers who are of Legal Age in jurisdictions that permit such
purchase. If you are a Customer, you expressly represent and warrant that: (i) you are of
Legal Age; and (ii) you will provide bona fide government-issued photo identification to
your Rider upon delivery to you. Valid forms of identification include but are not limited to:
(i) a valid motor vehicle operator’s license, (ii) a passport issued by Kenya or by a foreign
government, or (iii) a valid identification card issued to a member of the Armed Forces
that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcoholic
Beverages may not be made to anyone who is intoxicated, regardless of his or her age.
You further understand and acknowledge that neither Zapp nor the Rider can accept your
order of Alcoholic Beverages, and the order will only be delivered if the third-party
Business accepts your order.
You agree not to do any of the acts described in this Section 6, or to assist or permit any
person in engaging in any of the acts described in this Section 6.
7. Consent to Use of Data
Please see Zapp’ Privacy Policy, for more information regarding information Zapp
collects, and how it uses and shares that information.
8. Intellectual Property Ownership
The Platform, and the media and materials contained in the Platform, including all
intellectual property rights in the Platform, are the sole and exclusive property of Zapp
and its licensors. Except for the limited license expressly granted by and to you under
these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be
granted under these Terms, either expressly, or by implication, estoppel or otherwise. All
rights not expressly granted by Zapp in these Terms are expressly reserved.
9. Content You Provide through the Platform
9.1. Content You Provide
You may be able to submit, post, upload, denote, or otherwise make available
(collectively, “Post”) photographs, reviews, ratings, favorites, liked items, bookmarked
Businesses, questions, comments, public messages, ideas, designs, concepts,
inventions, feedback, and other content (collectively, “User Content”) (that may or may
not be viewable by other users) through the Platform or through other communications
with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”)
messages (“Interactive Areas”).
9.2. Use of Your Content
You acknowledge that when you Post User Content on or through the Platform, the User
Content shall be deemed, and shall remain the property of Zapp. Zapp does not provide
any compensation for User Content that you Post on or through the Platform. You agree
that User Content that you Post on or through the Platform shall be deemed to be non-
confidential and non-proprietary, and Zapp shall have no obligation of any kind with
respect to such information. When you Post User Content on or through the Platform, you
grant Zapp a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-
licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly
perform, publicly display, translate, create derivative works from, sell, lease, transmit,
communicate to the public, disassemble, and publish such User Content in connection
with Zapp’ or its partners’ or affiliates’ business, in whole or in part, in any format or
medium now known or developed in the future, for any purpose whatsoever, unless
expressly agreed otherwise in writing by Zapp, including without limitation for promoting
and redistributing part or all of the Platform (and derivative works thereof) in any media
formats and through any media channels. You further grant Zapp a license to use your
username and/or other user profile information, including, without limitation, your ratings
history and how long you have been an Zapp Customer, to attribute User Content to you,
if we choose to do so. Further, Zapp shall be free to use any ideas, concepts, know-how
or techniques contained in User Content for any purpose whatsoever in connection with
our business or the business of our partners or affiliates, without notice to, approval by, or
compensation to you, including but not limited to developing, manufacturing and
marketing products incorporating such information. In the interest of clarity, the license
granted to Zapp shall survive termination of the Platform or your account.
Notwithstanding the foregoing, our use of your personal data shall be governed by the
Zapp Privacy Policy.
9.3. User Content Representations
You acknowledge and agree that all User Content that you Post is your sole responsibility.
You represent that you have all required rights to Post or transmit such User Content
without violation of any third-party rights. You understand that Zapp does not control, and
is not responsible for, User Content, and that by using the Platform, you may be exposed
to User Content from other users that is offensive, indecent, inaccurate, misleading, or
otherwise objectionable. Please also note that User Content may contain typographical
errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend,
and hold harmless Zapp for all claims resulting from User Content you Post. We reserve
the right, at our own expense, to assume the exclusive defense and control of such
disputes,  and in any event you will cooperate with us in asserting any available defenses.
9.4. User Content Review
You acknowledge and agree that Zapp and its designees may or may not (but do not
assume any obligation to), at Zapp’ discretion, pre-screen User Content before its
appearance on the Platform. You further acknowledge and agree that Zapp reserves the
right (but does not assume the obligation) in its sole discretion to reject, move, edit or
remove any User Content that is contributed to the Platform. Additionally, Zapp has the
right to remove any User Content that violates these Terms or is otherwise objectionable
in Zapp’ sole discretion. You acknowledge and agree that Zapp does not verify, adopt,
ratify, or sanction User Content, and you agree that you must evaluate and bear all risks
associated with your use of User Content or your reliance on the accuracy, completeness,
or usefulness of User Content.
9.5. Ratings and Reviews
The Platform and other Interactive Areas may allow you to rate (“Ratings”) and Post
reviews (“Reviews”) of Businesses. Such Ratings and Reviews are considered User
Content and are governed by these Terms, including, without limitation, your agreement
regarding your use of the Platform (Section 6). Ratings and Reviews are not endorsed by
Zapp, and do not represent the views of Zapp or of any affiliate or partner of Zapp. Zapp
does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses
resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with
our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews
must comply with the following criteria: (1) you must have had first-hand experience with
the Business within the 7-day period prior to your Posting a Rating or Review; (2) you may
not have a proprietary or other affiliation with either the Business or any of its
competitors; (3) you may not draw any legal conclusions regarding the Business’s
products, services, or conduct; (4) you may not promote or criticize a Business other than
the one being rated or reviewed; (4) you may not include others’ personal information; and
(5) your Rating or Review must otherwise comply with these Terms. Any Rating and/or
Review that we determine, in our sole discretion, could diminish the integrity of the
Ratings and Reviews, and/or the Platform may be removed or excluded by us without
notice.
10. Communications
10.1. Text Messaging
By using the Platform, you understand and agree that Zapp and those acting on its behalf
may send you text (SMS) messages (potentially including messages generated using an
automatic telephone dialing system) at the phone number you provided us. These
messages may include operational messages about your use of the Platform, as well as
marketing or other promotional messages. You will not be able to use the Platform
without agreeing to receive operational text messages. You may opt-out of receiving
marketing or other promotional text messages at any time by sending an email to
support@Zapp.co.ke indicating that you no longer wish to receive marketing or other
promotional texts along with the phone number of the mobile device receiving the
messages, or by following any unsubscribe instructions in the text messages. You may
continue to receive text messages for a short period while Zapp processes your request,
and you may also receive text messages confirming the receipt of your opt-out request. If
you do not want to receive operational text messages from Zapp, do not place orders
through the Platform. Your agreement to receive marketing texts is not a condition of any
purchase or use of the Platform. If you change or deactivate the phone number you
provided to Zapp, you must update your account information to help prevent us from
inadvertently communicating with anyone who acquires your old number. Standard data
and message rates may apply for SMS and MMS alerts, whether you send or receive
such messages. Please contact your Carrier for details.
10.2. Push Notifications
When you install our App on your mobile device you agree to receive push notifications,
which are messages an app sends you on your mobile device even when the app is not
on. You can turn off notifications by visiting your mobile device's "settings" page.
10.3. Email
Zapp may send you emails concerning our products and services, as well as those of
third parties. You may opt-out of promotional emails by following the unsubscribe
instructions in a promotional email.
10.4. E-SIGN Disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record
to document your agreement. You may withdraw your consent to the use of the electronic
record by contacting us via the Support with “Revoke Electronic Consent” in the subject
line.
11. Indemnity
You are responsible for your use of the Platform, and you agree to defend (at Zapp’
option), indemnify, and hold harmless Zapp and its officers, directors, employees,
contractors, consultants, affiliates, investors, service providers, business partners,
subsidiaries and agents from and against every claim, liability, damage, loss, and
expense, including reasonable attorneys’ fees and costs, arising out of or in any way
connected with:
• Your violation of any of these Terms, any representation, warranty, or agreement
referenced in these Terms, or any applicable law or regulation;
• Your violation of any third-party right, including any intellectual property right or
publicity, confidentiality, other property, or privacy right; or
• Any dispute or issue between you and any third party, including any Rider, Business,
or other third-party.
Zapp reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you (without limiting your
indemnification obligations) and you agree to cooperate with our defense of that claim. If
the defense or settlement is assumed by you, Zapp may at any time thereafter elect to
take over control of the defense and settlement of the claim. You must not settle any
claim that you are defending on behalf of Zapp without Zapp’ prior written consent.
This provision does not require you to indemnify Zapp for any unconscionable
commercial practice by such party, or for such party’s gross negligence, fraud, deception,
false promise, misrepresentation or concealment, suppression or omission of any material
fact in connection with the Software or Services.
You agree that the provisions in this section will survive any termination of your account,
this Agreement, or your access to the Software and/or Services.

12. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED "AS
IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF BUSINESS ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY ZAPP TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ZAPP MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE
PLATFORM. ZAPP DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE
PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL
OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR
DATA; THAT THE PLATFORM OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU
THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR
THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ZAPP PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS
INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ZAPP IS
NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE
RESULTING FROM SUCH PROBLEMS.
ZAPP RELIES UPON BUSINESSES, INCLUDING, BUT NOT LIMITED TO, RESTAURANTS
AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS AND RETAILERS TO
PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT
SAFETY. ZAPP DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION
ACCESSIBLE THROUGH THE PLATFORM IS ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE, INCLUDING WITHOUT LIMITATION MENUS, NUTRITIONAL AND
ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING,
HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL
PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE
PLATFORM IS SOLELY AT YOUR OWN RISK, INCLUDING WITHOUT LIMITATION
NUTRITIONAL AND ALLERGEN INFORMATION.
ZAPP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR PLATFORM ADVERTISED OR OFFERED BY A BUSINESS OR OTHER
THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR THIRD-
PARTY SERVICE, AND ZAPP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
13. Limitation of Liability
IN NO EVENT SHALL ZAPP AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA,
REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF
ZAPP AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL COUNTIES AND
TERRITORIES.
THE PLATFORM CONNECTS YOU TO RIDERS AND BUSINESSES FOR THE PURPOSES OF
FACILITATING RIDERS AND ITEM(S) FULFILLMENT SERVICES. ZAPP WILL NOT ASSESS
THE SUITABILITY, LEGALITY OR ABILITY OF ANY RIDERS OR BUSINESSES, AND YOU
EXPRESSLY WAIVE AND RELEASE ZAPP FROM ANY AND ALL LIABILITY, CLAIMS OR
DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE RIDERS OR BUSINESSES.
ZAPP WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED
BY BUSINESSES ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE ZAPP
FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY
RELATED TO BUSINESSES, AND THE ITEMS THEY PROVIDE. ZAPP WILL NOT BE A PARTY
TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY RIDERS, OR
BUSINESSES. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES
OFFERED VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH
YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF
ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE ZAPP FROM ANY AND
ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE
OF THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO
YOU BY THE PLATFORM.
THE QUALITY OF THE RIDERS PROVIDING SERVICES THROUGH THE USE OF THE
PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY RIDER WHO
ULTIMATELY PROVIDES DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY
USING THE PLATFORM, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE
POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE,
AND THAT YOU USE THE PLATFORM AT YOUR OWN RISK.
14. Notice
Zapp may give notice by any means of communication reasonably anticipated to notify
you of the information provided. You agree that all notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement that
such communications be in writing or be delivered in a particular manner. You agree that
you have the ability to store such electronic communications such that they remain
accessible to you in an unchanged form. By way of example only, such communication
may be a general notice on the Platform or via email to the email address listed on your
Zapp account. It is your obligation to update your account information so that we may
contact you as may be necessary.
You may give notice to Zapp (such notice shall be deemed given when received by Zapp)
at any time by any of the following: letter delivered by nationally recognized overnight
delivery service or first class postage prepaid mail to Zapp at the following address:
support@Zapp.co.ke
15. Assignment
You may not assign or transfer these Terms or your rights under these Terms, in whole or
in part, by operation of law or otherwise, without our prior written consent. We may assign
these Terms in whole or in part at any time to any entity without your notice or consent.
Any purported assignment by you in violation of this section shall be void.
16. Term and Termination of Agreement
These Terms are effective until terminated by you or Zapp as described below. Your rights
under these Terms will terminate automatically without notice from Zapp if you fail to
comply with any of these Terms (including by violating any license restriction contained in
these Terms). In addition, Zapp may in its sole discretion terminate your user account on
the Platform or suspend or terminate your access to the Platform at any time without
notice. We also reserve the right to modify or discontinue the Platform at any time
(including by limiting or discontinuing certain features of the Platform) without notice to
you. We will have no liability whatsoever on account of any change to the Platform or any
suspension or termination of your access to or use of the Platform. You may terminate
these Terms at any time by closing your account, uninstalling the App, and ceasing use of
the Platform. Sections 4.3, 5, 7-17, and 19-21 survive termination of your account or
these Terms.
17. Dispute Resolution
17.1. Disputes
Zapp is not a party to, has no involvement or interest in, makes no representations or
warranties as to, and has no responsibility or liability with respect to any communications,
transactions, interactions, disputes or any relations whatsoever between you and any
other user, any Rider, or Business, or other third party. Disputes between you and Zapp
are subject to this Section 17.
17.2. Generally
In the interest of resolving Disputes between you and Zapp in the most expedient and
cost-effective manner, you and Zapp agree that every Dispute arising in connection with
these Terms will be resolved by You and Zapp instead of a lawsuit in court. You and Zapp
will engage in discovery or exchange of non-privileged information relevant to the dispute,
to arrive on a mutually agreeable resolution. Our agreement to solve disputes includes all
claims arising out of or relating to any aspect of these Terms, the Platform, or your
relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or
any other legal theory, and regardless of whether a claim arises during or after the
termination of these Terms. If a resolution cannot be reached, then either party if free to
go to court to seek a resolution.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND
ZAPP ARE EACH NOT WAIVING THE RIGHT TO GO TO COURT.
17.3. Exceptions
Despite the provisions of the paragraph directly above, we both agree that nothing in
these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us
to: (1) Bring an individual action in court; (2) Pursue an enforcement action through the
applicable National, County, or local agency if that action is available; or (3) File suit in a
court of law to address an intellectual property infringement claim.
17.4. Notice Process
A party who intends to seek resolution must first send a written notice of the Dispute to
the other, by certified mail or if we do not have a physical address on file for you, by
electronic mail ("Notice").
Zapp’ address for Notice is:

support@Zapp.co.ke

The Notice must: (1) Describe the nature and basis of the claim or dispute; and (2) Set
forth the specific relief sought ("Demand").
We agree to use good faith efforts to resolve the claim directly, but if we do not reach an
agreement to do so within thirty (30) days after the Notice is received, you or Zapp may
commence a court proceeding.
17.5. Fees
You are responsible for your own attorneys’ fees unless the court rules and/or applicable
law provide otherwise.
17.6. No Class or Representative Actions
YOU AND ZAPP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court determines that this “No Class or Representative Actions” section is void or
unenforceable for any reason, then the case can proceed according to the provisions of
the law.
18. Modification of these Terms
Except as explicitly described in the Dispute Resolution section, we reserve the right to
update or modify the Terms at any time without prior notice, and such changes will be
effective immediately upon being posted through the Platform, except as set forth below.
These Terms identify the date of last update. Except as explicitly described in the Dispute
Resolution section, your use of the Platform following any such change constitutes your
agreement to be bound by the modified Terms. In the case of material changes to these
Terms, we will make reasonable efforts to notify you of the change, such as through
sending an email to the address you may have used to register for an account, through a
pop-up window on the Platform, or other similar mechanism.
Except as explicitly described in the Dispute Resolution section, material changes to
these Terms will be effective upon the earlier of: (1) Your first use of the Platform with
actual notice of such change, or (2) thirty (30) days from posting of such change.
Disputes arising under these Terms will be resolved in accordance with the version of the
Terms in place at the time the dispute arose. We encourage you to review these Terms
frequently to stay informed of the latest modifications.
19. Confidentiality
You acknowledge and agree that when using the Platform, you may have direct or indirect
access or exposure to Zapp’ confidential information ("Confidential Information").
Confidential Information includes Zapp’ data, provider IDs, user information, delivery
recipient information, delivery provider information, package information, and the
transaction volume, marketing and business plans, business, financial, technical,
operational and such other nonpublic information (whether disclosed in writing or verbally)
that Zapp designates as being proprietary or confidential or that you should reasonably
know to treat as confidential.
You acknowledge and agree that: (1) all Confidential Information shall remain the
exclusive property of Zapp; (2) you shall not use Confidential Information for any purpose
except in furtherance of your use of the Platform; (3) you shall not disclose Confidential
Information to any third party; and (d) you shall not store or keep Confidential Information
and shall return or destroy (with confirmation of destruction) all Confidential Information
upon the termination of your use of the Platform or at the request of Zapp.
Notwithstanding the foregoing, Confidential Information shall not include any information
to the extent it: (1) is or becomes part of the public domain through no action or omission
by you; (2) was possessed by you prior to your use of the Platform without an obligation
of confidentiality; or (3) is disclosed to you by a third party having no obligation of
confidentiality with respect thereto.
20. General
Governing Law. These Terms are governed by the laws of Kenya. We operate the Platform
from our offices in Nairobi, and we make no representation that materials included in the
Platform are appropriate or available for use in other locations. No joint venture,
partnership, employment, or agency relationship exists between you, Zapp or any third-
party provider as a result of the Terms or use of the Platform.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and
Arbitration section, if any provision of these Terms is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced to the fullest
extent under law. The failure of Zapp to enforce any right or provision in these Terms shall
not constitute a waiver of such right or provision unless acknowledged and agreed to by
Zapp in writing.
Entire Agreement. These Terms comprise the entire agreement between you and Zapp
and supersedes all prior or contemporaneous negotiations, discussions or agreements,
whether written or oral, between the parties regarding the subject matter contained in
these Terms.
21. Notice Regarding Apple
To the extent that you are using our mobile applications on an iOS device, you further
acknowledge and agree to the terms of this Section 21. You acknowledge that these
Terms are between you and Zapp only, not with Apple Inc. ("Apple"), and Apple is not
responsible for the Platform and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support platforms
with respect to the Platform. In the event of any failure of the Platform to conform to any
applicable warranty, you may notify Apple and Apple will refund any applicable purchase
price for the mobile application to you; and, to the maximum extent permitted by
applicable law, Apple has no other warranty obligation whatsoever with respect to the
Platform.
Apple is not responsible for addressing any claims by you or any third party relating to the
Platform or your possession and/or use of the Platform, including, but not limited to: (1)
Product liability claims; (2) Any claim that the Platform fails to conform to any applicable
legal or regulatory requirement; and (3) Claims arising under Customer protection or
similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any
third-party claim that the Platform and/or your possession and use of the mobile
application infringes that third party’s intellectual property rights. You agree to comply
with any applicable third-party terms when using the Platform. Apple and Apple’s
subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of
these Terms, Apple will have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (1) You are not located in a country that is subject
to a U.S. Government embargo, or that has been designated by the U.S. Government as
a "terrorist supporting" country; and (2) You are not listed on any U.S. Government list of
prohibited or restricted parties.
22. Background Checks
Riders Background Checks
Riders are required to be screened via a standard background check. During registration
as a Rider, you are required to provide a valid driver’s license and Certificate of Good
Conduct which gives consent to Zapp to conduct a Background Check on you at that
time prior to allowing you to perform deliveries, and also at any time thereafter, as and
when determined in our sole discretion, without any additional consent from you (or
otherwise as allowed pursuant to applicable law). The Zapp Background Check Process
consists of a criminal background.
SENDERS SHOULD ALWAYS CHECK A RIDER’ IDENTIFICATION AND MATCH IT TO THE
RIDERS’ INFORMATION IN THE APP PRIOR TO HANDING OVER THEIR ITEM(S) &
ORDER(S).
Sender Screening
Zapp does not conduct Background Checks or screening on any Sender for the purposes
of allowing them to access and use our Platform to arrange for Delivery Services.
However, Zapp reserves the right to begin conducting such checks and screening of
Senders as it deems appropriate in its sole discretion.
Any screening or Background Check process is not a substitute for your good judgment
when interacting with other Users. At all times while accessing or using our Platform and
during the time of any delivery, you must exercise caution and use your common sense.
ALL USERS ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING OUR
PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES, THEY MAY BE EXPOSED TO
UNKNOWN THIRD-PARTIES AND CONTENTS IN DELIVERIES THAT MAY BE OR ARE
POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE
OBJECTIONABLE.
Rider Responsibilities :
Permits, Auto Insurance and Health Insurance
Because Riders act as their own employer in providing Delivery Services via the Zapp
Platform, Zapp does not, and has no responsibility to, provide or pay for any permit,
license or insurance a Rider may need or that may be advisable, to perform Delivery
Services via the Zapp Platform. Government regulations may require a Rider to be of
certain age, and have permits and/or licenses to carry certain deliveries. Additionally,
many insurance companies will require a Rider to have some level of commercial
insurance if using a personal vehicle for business purposes and all Riders should be
aware that their standard motorcycle or automobile liability insurance may not provide
them coverage while a Rider is engaged in performing a delivery or while logged into the
App.
Zapp does not provide health insurance, or any other compensation to Riders if they are
hurt or injured while performing a delivery. For these reasons, all Riders are required to
have adequate health insurance prior to performing a Delivery. Only you can know if you
are physically capable of handling a Delivery you agree to deliver and Zapp is not liable to
you for any costs or damages you may suffer if you are hurt or injured while performing a
Delivery. At all times you are solely responsible for the costs of any medical care you may
require due to any such injury.
It is a Rider’ responsibility to know what auto insurance, health insurance, licenses and
permits are required or recommended and to procure the same prior to offering on
Deliveries. A Rider must have valid auto insurance in such amounts as required by Law
and its insurer to cover Rider performance of Deliveries through the Zapp Platform PRIOR
to offering on Deliveries. A Rider will not be allowed to deliver Deliveries and will be
removed from the Platform if the Rider does not have auto insurance coverage in at least
the minimum amounts required by government. A Rider must carry proof of all required
auto insurance coverage at all times while performing Deliveries and must provide
the same to Zapp and/or other authorities and officials upon request.
You expressly acknowledge that Zapp does not provide automobile liability, workers’
compensation or health insurance coverage to Riders and is not responsible for paying
for any liability that may arise from a Riders performance of a Delivery, including any
bodily injury or damage to property caused by or to the Rider while on a Delivery.
You expressly acknowledge that provision of Delivery Services through the Platform may
have financial consequences to you related to personal income tax and personal property
tax liabilities.
A RIDER MUST HAVE THE REQUIRED INSURANCE, LICENSES AND PERMITS TO CARRY
ALL DELIVERIES AND ITEMS CONTAINED IN DELIVERY WHETHER OR NOT LISTED AS A
SPECIAL ITEM.
ALL RIDERS SHOULD CHECK WITH PROFESSIONALS TO ENSURE THAT YOU HAVE THE
REQUIRED INSURANCE, LICENSES AND PERMITS BEFORE YOU OFFER FOR THE
DELIVERY.
ZAPP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY RIDER, BUSINESS OR SENDER
NOT HAVING THE PROPER AUTHORITY, PERMITS, LICENSES OR INSURANCE TO ENTER
INTO THE TRANSACTIONS AGREED UPON ON THE PLATFORM.
Rider Obligations With Respect to Confidential Information
During the performance of Deliveries, Riders will have access to the “Confidential
Information” of many third parties, including without limitation, the Confidential
Information of Zapp, Senders, and/or Delivery recipients. “Confidential Information”
means all information, whether oral, written, contained on electronic media or otherwise,
to which a Rider is given or has access to, or is made available to the Rider in connection
with the performance of Deliveries, including without limitation names, addresses,
telephone numbers and other information which may be used to specifically identify a
person (“PII” or “Personally Identifiable Information”), and protected health information.
Confidential Information shall include, without limitation, all information regarding Zapp’
personnel or customer information of Zapp, Senders and/or Delivery recipients of which a
Rider becomes aware.
Zapp and Riders have special obligations with respect to the protection of Personally
Identifiable Information and Protected Health Information and a Rider is responsible for
both knowing those obligations and complying with the same. Failure to meet these
obligations will result in the Rider’ permanent removal from the Zapp Platform and the
Rider shall be prosecuted to the fullest extent of the law.
Personally Identifiable Information
Personally Identifiable Information (PII) refers to information that can be used to
distinguish or trace an individual’s identity, either alone or when combined with other
personal or identifying information that is linked or linkable to a specific individual. It is
important to recognize that non-PII can become PII whenever additional information is
made available — in any medium and from any source — that, when combined with other
available information, could be used to identify an individual. Zapp and Riders are under a
strict obligation not to use or disclose PII except as necessary to perform and deliver
Deliveries.
Protected Health Information
If a Rider delivers Deliveries containing prescriptions, medicines or other medical
documents, the Rider may have access to Protected Health Information. Zapp and Riders
are under a strict obligation not to use or disclose the Protected Health Information of
anyone except as necessary to perform and deliver Deliveries. In addition, these Riders
must comply with all National, County and local laws.
BY USING THE ZAPP PLATFORM TO RECEIVE OR PERFORM DELIVERY SERVICES YOU
MAY AND/OR WILL GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL,
PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, AS A USER OF THE ZAPP
PLATFORM ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE
CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND
YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH
INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER
REASON THAN TO RECEIVE OR PERFORM DELIVERY SERVICES VIA THE ZAPP
PLATFORM.
23. Restrictions on Delivery Contents
Prohibited Items
Senders are prohibited from including in any Delivery, and all Riders are prohibited from
knowingly accepting, picking-up, carrying or delivering any Delivery containing the
following “Prohibited Items”:
• People
• Anything illegal including, without limitation, recreational drugs and other
contraband.
• Any Hazardous Waste, defined as a “solid waste” that meets any of the criteria of
the hazardous waste.
• Unset precious stones, industrial diamonds, any article that contains more than fifty
percent by weight of gold or platinum or any combination thereof in raw form,
including, but not limited to, bullion, bars, or scraps of these metals.
• Any “Hazardous Material”.
• Firearms or weapons of any kind, any firearm or weapon parts, or ammunition in any
amount.
• Common fireworks.
• Replica or inert explosives or weapons that bear an appearance to actual explosives
or weapons.
• Cremated remains, human remains, fetal remains, human body parts, or
components thereof.
• Heavy haul, oversize or overweight items.
• All live animals.
• Any item(s) contained in a Delivery that Sender requests be transported over Kenyan
borders.

ANY RIDER DISCOVERING A PROHIBITED ITEM IN A DELIVERY SHALL IMMEDIATELY
NOTIFY ZAPP AT SUPPORT@ZAPP.CO.KE OR CALL SUPPORT FOR FURTHER DIRECTION.
RIDERS ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RULES AND
REQUIREMENTS TO CARRY A DELIVERY CONTAINING ANY SPECIAL ITEMS PRIOR TO
OFFERING ON SUCH DELIVERY, WHETHER RULES AND REQUIREMENTS ARE INCLUDED
IN THESE TERMS AND/OR IMPOSED BY APPLICABLE LAW.
IF A RIDER CANNOT COMPLETE THE DELIVERY OF A DELIVERY CONTAINING
CIGARETTES, TOBACCO PRODUCTS, WINE, BEER OR OTHER ALCOHOLIC BEVERAGES
DUE TO A FAILURE TO PRODUCE A VALID, GOVERNMENT-ISSUED IDENTIFICATION
DEMONSTRATING THAT THE DELIVERY RECIPIENT IS 18 YEARS OF AGE OR OLDER, THE
RIDER SHALL IMMEDIATELY NOTIFY ZAPP AT SUPPORT@ZAPP.CO.KE OR CALL SUPPORT
FOR FURTHER DIRECTION.
Zapp is not responsible for the contents or loss of any Prohibited Item. Zapp reserves the
right to dispose of any Zapp Prohibited Item in its sole discretion and reserves all rights to
instruct its Riders on how to dispose of any Zapp Prohibited Item, including delivery to
the proper authorities.
ZAPP HAS AND TAKES NO RESPONSIBILITY OR LIABILITY TO EITHER RIDERS OR
SENDERS FOR THE INCLUSION OF ANY PROHIBITED ITEMS IN ANY DELIVERY OR A
SENDER’S FAILURE TO DISCLOSE A SPECIAL ITEM OR LIVE ANIMAL OR A RIDER’ OR
SENDER’ FAILURE TO COMPLY WITH ALL LAWS APPLICABLE TO IT.
24. Oversized Items
Senders are prohibited from including Oversized Items in Deliveries. However, many
Deliveries contain items that are just underneath the Oversized Item limit, and these bulky
and/or heavier items require a Rider to have a larger vehicle, special equipment and/or
physical strength in order to fulfill the Delivery properly. Senders are required to accurately
post or describe the size of the Delivery they request, and before offering on a Delivery
containing any bulky or heavy items a Rider is required to have the proper vehicle,
equipment and physical capacity to perform the Delivery as posted. A Rider does not
have the proper vehicle and/or equipment to fit and secure the Delivery and/or are not
physically capable of handling a Delivery the Rider may not offer on the Delivery. All
Riders acknowledge and agree that Zapp is not liable to any Rider for any costs or
damages you may suffer if you are hurt or injured while performing a Delivery and that you
are not qualified to receive any heath care or other compensation from Zapp if the Rider is
injured performing a Delivery – whether or not the Delivery contains, bulky, heavy or
Oversized Item(s). Riders acknowledge and agree that at all times you are solely
responsible for the costs of any medical care you may require due to any injury received
while performing any Delivery.
25. Packaging
New In Box Items
If all or part of a Delivery contains new-in-box items that have been pre-packaged by the
Sender and are not open for a Rider to inspect, a Rider has the responsibility to inspect
the outside of the packaging. If there is any damage to the outside of the packaging, the
Rider should note any damage (it is easiest to take a picture and send it
to support@Zapp.co.ke), and wait for instructions from Zapp on what to do next with the
damaged Delivery.
Baggage
If all or part of a Delivery contains suitcases, pieces of luggage, purses, handbags,
wallets, or other bags containing personal effects (collectively, “Baggage”) the Rider shall
have no right to request or to inspect the contents, however a Rider still has the
responsibility to inspect the outside of the Baggage. If there is damage to the Baggage,
the Rider should note any damage (it is easiest to take a picture and send it to
support@Zapp.co.ke), and wait for instructions from Zapp on what to do next with the
damaged Delivery.
NO MATTER WHETHER THE DELIVERY IS PRE-PACKAGED OR OPEN FOR INSPECTION, IF
A RIDER DOES NOT NOTE ANY DAMAGE TO AN ITEM IN THE DELIVERY WHILE PICKING
THE DELIVERY UP, IT WILL BE ASSUMED THAT THE DAMAGE WILL HAVE BEEN CAUSED
WHILE IN THE RIDERS POSSESSION AND THE RIDER WILL BE LIABLE THEREFOR.
A Rider is NEVER under an obligation to take or bring anything that the Rider has not
been given the right to inspect as described and limited above and can always cancel the
Delivery without penalty if a Sender does not allow you to inspect or gives you a hard
time about asking to inspect the Delivery as required by Zapp.
Packing Your Deliveries Generally
Senders have the responsibility to package items appropriately based on level of risk,
fragility and other factors specific to the individual item. Zapp is not liable for loss or
damage to any Delivery if it is not properly packed to withstand transport, or to ensure the
safety and integrity of the item or in compliance with all applicable laws.
All packaging for such items should be based on the characteristics of the item, in the
sole discretion of the Sender. Zapp cannot know what packaging is necessary for any
item you send. Please use your common sense when packing your Delivery.
26. Access to Services
By using the Platform in any manner You represent and warrant that You, and the
employees, agents, contractors, and subcontractors who may perform work for You via
Services, are properly and fully qualified and experienced, and licensed, certified,
bonded, and insured, as required by applicable laws or regulations to which You may be
subject in the National or local government in which You offer Your services and in relation
to the specific job You are performing.
27. Actions Leading to Temporary Suspension and/or Permanent
Termination of Accounts
Without limiting any other of its remedies at law or in equity, Zapp may temporarily
suspend and/or permanently terminate your Zapp account and access to the Platform
and any participation in the Delivery Services if:
• you breach, are suspected of breaching, or are alleged to have breached these
Terms or the Terms or any Rider or Sender Agreement to which you are subject or
any of Zapp’s other terms or policies governing a User’s use of the Platform;
• we are unable to verify or authenticate any information you provide to us;
• we believe that your actions may cause financial loss or legal liability for you, our
Users or Zapp, its affiliates, or third party providers;
• we believe you may subject Zapp or you or any other User to regulation by National
or local government or regulatory agency;
• we suspect or it has been alleged that you have engaged in fraudulent, illegal or
harmful activity in connection with your use or access of the Zapp Platform or App,
or in connection with your receiving or providing Delivery Services or you or your
account is the subject of an investigation of alleged or suspected fraudulent, illegal
or harmful activity; or
• Prohibited Items are discovered in your Delivery.
• Zapp may temporarily suspend a User’s account while investigating any incident or
action that could lead to Zapp permanently terminating the User’s account. A User’s
account may be suspended for such time as Zapp determines in its sole
discretion. A User may provide Zapp notice in writing of any extenuating
circumstances surrounding the events leading to the suspension and/or termination
which Zapp may consider in its sole and absolute discretion when making decisions
regarding the status of the User’s account.
ALL ZAPP ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY SUSPENSION AND/OR
TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN ZAPP’S SOLE DISCRETION, WITH
OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
Other actions that may lead to Zapp temporarily suspending or permanently terminating
your account are:
Cancelations and No Shows
Zapp may temporarily suspend your account after your second Cancelation or No Show
and may permanently terminate your account upon your third Cancelation or No Show.
Negative Ratings
Zapp may temporarily or permanently suspend a Riders account after the Rider overall
rating falls below the average rating of other Riders -stars per Zapp’s Suspension
Guidelines, which provide for steps including mandatory coaching, 7-day suspensions,
30-day suspensions, and permanent suspensions/terminations based on the severity and
frequency of poor ratings and performance while engaged on the Zapp Platform.
Loss of Items in Deliveries
Zapp will temporarily suspend a Riders account if your Delivery is subject to a claim of
“shortages” or “mysterious disappearances” during the investigation of such claim. If a
User is found to be liable for the claim, Zapp may permanently terminate. Additionally,
Zapp may permanently terminate the account of a Rider if the Rider completes 2 or more
Deliveries with “shortages”; or if a Rider has 2 or more “mysterious disappearances” of an
item in a Delivery.
Inactive Accounts
Zapp reserves the right to suspend or terminate any User’s account that has been
“inactive” for 90 days or more. If a Rider has not offered on a Delivery within the past 90
days, such Rider is deemed to be inactive.
Reactivation of Temporarily Suspended Accounts
Zapp may reactivate any Rider or Sender account temporarily suspended after
investigation by Zapp in its sole discretion.
YOU CAN LOSE YOUR USER NAME AND PERSONA AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF
THE PLATFORM, APP OR ANY PORTION THEREOF, AND ZAPP IS UNDER NO OBLIGATION
TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD DELIVERY PAYMENTS,
LIMIT, SUSPEND OR TERMINATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO OUR
PLATFORM, APPS, WEBSITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES
AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL
STEPS TO PREVENT ANY USER FROM ACCESSING OUR PLATFORM, APPS, WEBSITES OR
ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE
LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD
PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS
AND OTHER PUBLISHED ZAPP TERMS OR POLICIES.
28 Payment Processing.
Payment processing services are provided by Intasend Solutions Ltd.. By using the Zapp
Platform to pay for Deliveries or receive payment proceeds, all Users agree to be bound
by the Intasend Solutions Ltd.. Terms, which may be modified from time to time. All Users
further agree to provide accurate and complete information about you and your business
and authorize Zapp to share it and transaction information with Intasend Solutions Ltd..
for the purposes of facilitating of the payment processing services provided by Intasend
Solutions Ltd.. Zapp reserves the right to switch payment processing vendors or use
alternate or backup vendors in its discretion.
Payment, Withholding and Release
Zapp, in its sole discretion, may place a hold on a Riders Delivery Payment if the delivery
is not provided expressly in accordance with the Sender’s directions set forth in the
request for Delivery Services, and these Terms, and/or Zapp determines it otherwise
necessary or advisable to place a hold on such Delivery Payment, including without
limitation if Zapp has any suspicion or reason to believe that a Rider or Sender has
breached these Terms, including, without limitation by (1) a claim has been made for loss,
damage or theft to a Delivery carried by Riders , (2) sending or accepting items on the
Prohibited Item list; (3) establishing an account with Zapp or entering into a Delivery with
the purpose of defrauding Zapp or any other party; (4) using a stolen credit card or any
other false information to establish an account with Zapp or pay for a Delivery; or (5)
otherwise engaging in any questionable or fraudulent activity in connection with the
performance of the Delivery or access and/or use of the Zapp Platform.
Zapp will release the Delivery Payment to a Rider upon establishing the validity of the
accounts and Deliveries under suspicion, in Zapp’s sole but reasonable discretion.
YOU HEREBY GRANT ZAPP PERMISSION AND THE FULL RIGHT AND AUTHORITY TO
FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS
(INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED
HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING
OR DISCLOSING YOUR PERSONAL INFORMATION TO LAW ENFORCEMENT AUTHORITIES
IN CONNECTION THEREWITH.
Disclaimer of Warranties and Limits on Zapp’s Liability to You:
NEITHER ZAPP NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE
CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND ZAPP
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES
AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE
ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR
PROVIDING DELIVERY SERVICES. BY USING THE PLATFORM YOU THEREBY RELEASE
ZAPP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,
AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR
PLATFORM OR YOUR RECEIVING OR PROVIDING DELIVERY SERVICES OR THE CONDUCT
OR MISCONDUCT OF A USER.
29. No Warranties
The Delivery Services, Platform and App are provided to you strictly on an “as is”
basis without warranties of any kind, either express or implied, including, but not limited
to, warranties of merchantability, fitness for a particular purpose and non-infringement
and all warranties are hereby disclaimed by Zapp to the maximum extent permitted by
applicable law. Zapp makes no warranties or representations about the accuracy or
completeness of any content provided through the Platform or App or the content of any
websites linked to the Platform or App.
Zapp does not warrant, endorse, guarantee or assume responsibility for any service
advertised or offered by a third party through the Platform or App or any hyperlinked
website or featured in any banner or other advertising and Zapp will not be a party to or in
any way be responsible for monitoring any transaction between you and third-party
providers of products or services.
Without limiting the foregoing, neither Zapp nor its affiliates or licensors warrant or
guarantee:
• that access to the Delivery Services, Platform or App will be uninterrupted, error-
free, secure, timely or operate on any Device or in combination with any other
hardware, application, system or data;
• as to the results that may be obtained from the use of the Delivery Services,
Platform or App;
• that the Delivery Services, Platform or App, or the quality of any products, services,
information or other material purchased or obtained by you through the Platform or
the App, will meet your requirements or expectations;
• as to the timeliness, accuracy, or reliability, of any User;
• as to the timeliness, accuracy, or reliability of our Delivery Services, Platform or App,
or any information or materials provided through or in connection with the use of the
Delivery Services, Platform or App;
• as to the completeness or content of any Delivery;
• that the Platform and App are free from viruses, worms, Trojan horses, or other
harmful components or that any errors or defects in the Delivery Services, Platform
or App will be corrected; or
• that any personal information supplied by you will not be misappropriated,
intercepted, deleted, destroyed or used by others.
30. Limitations of Liability
ZAPP EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS
PLATFORM. USE OF OUR PLATFORM, AND RECEIVING OR PERFORMING DELIVERY
SERVICES THEREUNDER ARE ENTIRELY AT A USER’S OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT ZAPP IS ONLY WILLING TO PROVIDE THE
PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND
THIRD PARTIES.
ZAPP CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY,
LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A DELIVERY AND YOU
EXPRESSLY WAIVE AND RELEASE ZAPP FROM ANY AND ALL ANY LIABILITY, CLAIMS OR
DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OF A
DELIVERY. YOU ACKNOWLEDGE THAT USERS PROVIDING DELIVERY SERVICES
REQUESTED USING THE ZAPP PLATFORM OR APP MIGHT NOT BE PROFESSIONALLY
LICENSED OR PERMITTED AND MAY NOT HAVE THE PROPER INSURANCE. ZAPP WILL
NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN ANY OF OUR
USERS. YOU EXPRESSLY WAIVE AND RELEASE ZAPP FROM ANY AND ALL LIABILITY,
CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR ACCESS OR USE OF
THE ZAPP PLATFORM, APP OR YOUR RECEIVING OR PERFORMING DELIVERY SERVICES,
OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY
INTRODUCED TO YOU BY THE PLATFORM, APP OR DURING A DELIVERY, OR
OTHERWISE.
YOU AGREE NOT TO HOLD ZAPP, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN
PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS,
EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS
LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY,
“LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN,
RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE
THE PLATFORM, APP OR DELIVERY SERVICES, INCLUDING WITHOUT LIMITATION ANY
LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY
USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR
OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL
PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR
SERVICE PROVIDED BY ZAPP OR ITS AFFILIATES OR LICENSORS AND ANY
DESTRUCTION OF YOUR INFORMATION AND WHETHER OR SUCH CONDUCT, ACT OR
OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR
DURING THE PERFORMANCE OF A DELIVERY.
UNDER NO CIRCUMSTANCES WILL ZAPP , ITS AFFILIATES, ITS LICENSORS, OR ANY OF
SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS,
OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY
DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR
USE THE PLATFORM, APP OR DELIVERY 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 A RIDER, SENDER, ANY
THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM OR APP INCLUDING FOR
PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
31. Zapp Rider Agreement
This Zapp Rider Agreement is a part of Zapp’s Terms and Conditions (“Terms”) and is
incorporated therein by this reference. By using and accessing our Platform and agreeing
to provide Delivery Services, each Rider agrees, represents, warrants, acknowledges and
agrees that:
• Rider is a third-party user of the Platform and is an independent contractor with
respect to any and all Deliveries performed and is not and shall not be deemed to
be an employee, agent or representative of Company or any User with respect to
any and all Deliveries performed. No Services provided by Rider via the Zapp App
nor any action taken pursuant to these Terms shall create an employment
relationship between Zapp and Rider or Rider and any User. No Rider is entitled to
workers’ compensation or any employment rights or benefits from, or sponsored by,
Zapp or any Sender, including, without limitation, employee, pension, health or
welfare benefit plans, programs or arrangements of Zapp, Senders or their affiliates
or subsidiaries. Rider will not make any representations regarding its status as a
Rider providing Delivery Services via the Zapp Platform. Rider shall not have any
right to enter into any contract or commitment in the name of, or on behalf of, or to
bind Zapp or any Sender in any respect whatsoever.
• Rider acknowledges and agrees that Rider is free from the control and direction of
Zapp and any Sender in connection with any Services performed hereunder by
Rider. Rider acknowledges and agrees that any time spent by Rider looking for or
offering on Deliveries is not being “on-call” and that Rider at all times remains free to
engage in other activities including such things as running errands and providing
services to other parties.
• Rider hereby expressly agrees not to seek non-voluntary compensation from Zapp,
a User or any other third-party, and waives any rights to, and fully releases and
indemnifies Zapp against, any claims against Zapp, a User or any third party relating
to benefits, overtime wages, or the like, in connection with Rider. Riders are required
to report all income earned from Deliveries on their personal or business tax returns
as applicable to the Rider.
• Rider is at least 18 years of age, and otherwise has all right and authority to lawfully
provide the services agreed to when accepting a Delivery hereunder. Rider
possesses a valid driver’s license and has all other required licenses, permits,
approvals and authorizations to accept and complete a Delivery as contracted
through the Platform and will not accept such Deliveries without possessing valid
licenses, permits, approvals or authorizations for the same.
• Rider owns, or has the legal right to operate, the motorcycle or vehicle used in a
Delivery, and has a valid policy of auto liability insurance covering any vehicle used
during a Delivery with coverage in types and amounts required by, or consistent
with, all applicable legal requirements and industry standards (including without
limitation commercial auto insurance when applicable) and is named or scheduled
on the insurance policy. Any motorcycle or vehicle used during a Delivery shall meet
all applicable industry safety standards and statutory, NTSA motorcycle and motor
vehicle requirements. Rider must have in his possession at all times during a
Delivery proof of all required licenses and insurance and shall provide them to such
authorities as may request. Proof of insurance and required licenses must be
provided to Zapp upon request.
• RIDER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY, WHICH RESULTS
FROM OR IS ALLEGED AS A RESULT OF THE OPERATION OF THE MOTORCYCLE OR
VEHICLE USED DURING A DELIVERY, INCLUDING, BUT NOT LIMITED TO PERSONAL
INJURIES, DEATH AND PROPERTY DAMAGES. Rider is responsible for and will make
all necessary contacts with insurance carriers in the event of a motor vehicle
accident or claims against a Riders insurance policy for damage or injury during a
Delivery.
• Riders shall not carry on their person any personal weapon or other thing designed
or used for inflicting bodily harm or physical damage (including knives and firearms)
when entering any pick-up or drop off location, including places of business, a
Sender or recipient’s property, or while picking-up or delivering
goods for Users under any circumstances. Notwithstanding a Rider may possess a
personal weapon in the Riders vehicle if a Rider has a valid license and legal right
to do so in the State Delivery Services are provided, and only if a Rider locks such
weapon securely in the Riders vehicle at all times the Rider is away from their
vehicle. If there is a credible allegation against Rider that Rider breached this
provision Zapp may suspend or terminate such Riders account.
• RIDER IS SOLELY RESPONSIBLE FOR ANY AND ALL LIABILITY WHICH
RESULTS FROM OR IS ALLEGED TO RESULT FROM A RIDER CARRYING A
WEAPON WHETHER ON THEIR PERSON OR IN THEIR VEHICLE DURING A
DELIVERY, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURIES, DEATH
AND PROPERTY DAMAGE.
• Riders must have a mobile device with the Zapp App running when offering on, and
while performing, all Deliveries. Riders must not disable the Zapp App or its geo
location software at any time during Delivery performance. Riders shall abide by all
laws regarding talking or texting while driving.
• All motorcycles and vehicles used by Riders during a Delivery shall be in good
operating condition and, and well maintained without material physical damage.
• Riders shall have a well-groomed appearance, and will not wear clothing displaying
the logo or brand of any company or entity, whether or not belonging to such Riders
employer, or other clothing, which is obviously and generally offensive. Riders shall
not smoke at any time during a Delivery, including on the way to pick up a delivery.
Riders , while providing Delivery Services, shall not participate in any activities that
will take the focus off their assigned responsibilities. Riders shall not be under the
influence of any illegal drugs and/or alcohol. Rider understands that Riders account
will be terminated upon Zapp gaining knowledge of Rider performing Deliveries
while being under the influence of any illegal drugs and/or alcohol. If there is a
credible allegation against Rider that Rider was performing Deliveries while being
under the influence of any illegal drugs and/or alcohol Zapp may suspend or
terminate such Rider account until Rider can provide satisfactory evidence (in the
form of a drug test or otherwise) that Rider was not under the influence. Riders shall
abide by all laws regarding talking or texting while driving.
• Riders shall not enter Delivery recipient’s home, nor enter or access any secure,
private or employee only areas in any place of business (including airports) while
delivering a Delivery under any circumstances.
• Riders shall not solicit tips or other additional compensation from Senders or
Delivery recipients and agrees that any additional compensation paid to a Rider is at
a User’s sole discretion.
• Riders are required to visually inspect Deliveries prior to leaving with the Delivery
and must take pictures of any visible damage. If Rider fails to inspect it is done at
Riders own risk. Riders will be held liable for property damage that occurs between
pick up and drop off if no evidence of prior damage exists.
• Riders are required to take a picture of all items left without a recipient receiving
delivery. Such picture must be taken with adequate lighting and show that the items
were left at the correct location.
• Riders will not discriminate or harass anyone on the basis of race, national origin,
religion, gender, gender identity, physical or mental disability, medical condition,
marital status, age or sexual orientation.
• Riders will not collect or store the name, address, phone number or other personal
or confidential information of any User or Delivery recipient and will not use any
personal or confidential information of any User or Delivery recipient except as
necessary to perform and complete the performance of the Delivery. YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SUBJECT TO A
STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF SUCH
PERSONAL INFORMATION AND YOU UNDERSTAND THAT ALL SUCH
INFORMATION MUST NOT BE DISCLOSED TO ANY OTHER PERSON. You must
immediately report to Zapp any circumstances whereby personal data or
confidential information may have been lost, stolen or otherwise disclosed in an
unauthorized manner.
32. Zapp Business Agreement
This Business Agreement is a part of Zapp Terms & Conditions (“Terms”) and is
incorporated therein by this reference. By using and accessing our Platform, selling items,
providing services and requesting Delivery Services, each Business agrees, represents,
warrants, acknowledges and agrees that:
• Business owner or representative is at least 18 years of age and has all right and
authority to lawfully use the Services or otherwise has the full right and authority to
contract for the Delivery and list all items contained in the Platform for sell and
delivery.
• Business will specifically list, photograph and disclose to the Users, prior to the
Users making an order and Rider accepting the Delivery, all items included in the
Delivery will not include any “Prohibited Items” as listed in the Terms, whether
consented to by a Rider or not. Business acknowledges and agrees that Zapp is not
responsible for the contents or loss of any Prohibited Item. Zapp reserves the right
to dispose of the Item in its sole discretion and reserves all rights to instruct its
Riders on how to dispose of the Item, including delivery to the proper authorities.
• Business has the responsibility to properly pack all items in a Delivery, sufficient to
withstand transport, ensure the safety and integrity of the item and in compliance
with all applicable laws. Business acknowledges and agrees that the Zapp
Protection Plan does NOT cover reimbursement for any loss or damage to any
Delivery resulting from (1) any breach of this Agreement or the Terms; (2) selling any
items on the “Prohibited Items” list; or (3) inadequate packaging.
• Business will only contract for or arrange a Delivery (or other similar services) with a
Rider through the Zapp Platform and will not knowingly engage a Rider who has
delivered an order for Business prior to perform Delivery Services outside of the
Zapp Platform.
• Business will not discriminate or harass anyone on the basis of race, national origin,
religion, gender, gender identity, physical or mental disability, medical condition,
marital status, age or sexual orientation.
• Business will provide its Return policy in line with Zapp’s return policy as outlined in
section 4.6 of this agreement .