Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the Chauffix platform and services operated by Chauffix ("we," "us," or "our"). Chauffix is a chauffeur service platform that connects vehicle owners with professional drivers in Kenya.

2. Definitions

• "Platform" refers to the Chauffix website, mobile application, and related services
• "User" refers to any individual using our platform, including owners and drivers/chauffeurs
• "Owner" refers to the individual who owns the vehicle registered on the app and may book chauffeur services
• "Driver/Chauffeur" refers to the professional individual providing chauffeur services using a vehicle registered on the platform, but who is not necessarily the owner of the vehicle
• "Trip" refers to a single chauffeur service booking
• "Personal Data" has the meaning ascribed to it under the Data Protection Act, 2019

3. Acceptance of Terms

By accessing or using our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

4. Eligibility

• You must be at least 18 years old to use our services
• You must have the legal capacity to enter into binding agreements
• You must provide accurate and complete information during registration
• Drivers must possess valid driving licenses and meet our verification requirements

5. User Accounts and Registration

5.1 Account Creation

• You must create an account to use our services
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• You are responsible for all activities that occur under your account

5.2 Account Verification

• We may require verification of your identity and documents
• Drivers/Chauffeurs must submit their valid driving license, ensuring all required details are accurately filled in, as well as valid insurance and vehicle documentation
• Owners must provide proof of vehicle ownership, such as a document or image of the valid insurance sticker and correct vehicle details
• We reserve the right to suspend or terminate accounts that fail verification

6. Service Description

Chauffix provides a platform that connects vehicle owners with professional drivers for chauffeur services. Our services include:

• Driver matching and booking services
• Payment processing and management
• Customer support and dispute resolution
• Safety and verification services

7. Booking and Payment

7.1 Booking Process

• Bookings are made through our platform
• Pricing is displayed before booking confirmation
• We reserve the right to modify pricing with reasonable notice
• Cancellation policies apply as specified during booking

7.2 Payment Terms

• Payments are processed through secure payment gateways
• We accept various payment methods including mobile money and cards
• All prices are in Kenyan Shillings (KES) unless otherwise stated
• Service fees and commissions apply as disclosed

8. Data Protection and Privacy

8.1 Personal Data Collection

We collect the following types of personal data:

• Contact information (name, phone number, email address)
• Identity documents and verification information
• Location data for service provision
• Payment and transaction information
• Communication records and feedback
• Device and usage information

8.2 Legal Basis for Processing

We process your personal data based on the following legal grounds:

• Contract Performance: To provide our services and fulfill bookings
• Legitimate Interest: To improve our services and ensure platform security
• Consent: For marketing communications and optional features
• Legal Obligation: To comply with applicable laws and regulations

8.3 Data Processing Purposes

Your personal data is processed for the following purposes:

• Providing and managing chauffeur services
• User verification and safety measures
• Payment processing and financial management
• Customer support and dispute resolution
• Service improvement and analytics
• Legal compliance and regulatory requirements

8.4 Data Sharing and Disclosure

We may share your personal data with:

• Service Providers: Payment processors, cloud services, and technical support
• Drivers/Owners: Limited information necessary for service provision
• Legal Authorities: When required by law or for safety purposes
• Business Partners: With your consent for value-added services

8.5 Data Security

We implement appropriate technical and organizational measures to protect your personal data:

• Encryption of data in transit and at rest
• Regular security assessments and updates
• Access controls and authentication measures
• Employee training on data protection

8.6 Your Data Rights

Under the Data Protection Act, 2019, you have the following rights:

• Right to Access: Request information about your personal data
• Right to Rectification: Correct inaccurate or incomplete data
• Right to Erasure: Request deletion of your personal data
• Right to Restriction: Limit how we process your data
• Right to Portability: Receive your data in a structured format
• Right to Object: Object to certain types of processing
• Right to Withdraw Consent: Withdraw consent for processing

8.7 Data Retention

We retain your personal data for as long as necessary to:

• Provide our services and maintain your account
• Comply with legal and regulatory requirements
• Resolve disputes and enforce agreements
• Improve our services and prevent fraud

8.8 International Data Transfers

If we transfer your data outside Kenya, we ensure adequate protection through:

• Standard contractual clauses
• Adequacy decisions by the Data Commissioner
• Other appropriate safeguards as required by law

9. User Responsibilities

9.1 General Conduct

• Use our services in compliance with applicable laws
• Provide accurate and truthful information
• Respect the rights and safety of other users
• Report any suspicious or inappropriate behavior
• Legal Implications: Providing false or misleading information during registration, booking, or any interaction with the platform is a criminal offence under the Traffic Act (Cap. 403) and other laws of Kenya. Offenders may be subject to prosecution, fines, or imprisonment as stipulated by law, including but not limited to Section 113 of the Traffic Act and related provisions.

9.2 Driver/Chauffeur Responsibilities

• Maintain and submit a valid driving license with all required details filled in
• Maintain and submit valid insurance and vehicle documentation as required for providing chauffeur services
• Ensure vehicle safety and roadworthiness
• Provide professional and courteous service
• Follow traffic laws and safety regulations
• Maintain appropriate conduct with passengers

9.3 Owner Responsibilities

• Provide accurate booking information
• Provide proof of vehicle ownership, such as a document or image of the valid insurance sticker and correct vehicle details
• Be ready at the specified pickup time
• Treat drivers/chauffeurs with respect and courtesy
• Pay for services as agreed
• Report any issues promptly

10. Prohibited Activities

The following activities are strictly prohibited:

• Using our services for illegal purposes
• Harassment, discrimination, or abusive behavior
• Attempting to circumvent our payment systems
• Providing false or misleading information (Note: This is a criminal offence under Kenyan law and may result in prosecution, fines, or imprisonment as per the Traffic Act and other applicable statutes.)
• Interfering with platform security or functionality
• Unauthorized access to other users' accounts
• Commercial use without proper authorization

11. Safety and Security

11.1 Safety Measures

• Driver background checks and verification
• Real-time trip tracking and monitoring
• Emergency contact systems
• 24/7 customer support
• Incident reporting and response procedures

11.2 Insurance and Liability

• Drivers must maintain appropriate insurance coverage
• We provide platform liability insurance
• Users are responsible for their own personal insurance
• Liability limits apply as specified in our insurance policies

12. Dispute Resolution

12.1 Internal Resolution

We encourage users to resolve disputes through our customer support channels first.

12.2 Arbitration

Any disputes not resolved internally may be subject to arbitration in accordance with Kenyan law.

12.3 Governing Law

These Terms are governed by the laws of Kenya, and any disputes shall be subject to the exclusive jurisdiction of Kenyan courts.

13. Limitation of Liability

To the maximum extent permitted by law:

• Our liability is limited to the amount paid for the specific service
• We are not liable for indirect, consequential, or punitive damages
• We disclaim liability for third-party actions or services
• Force majeure events are excluded from liability

14. Indemnification

You agree to indemnify and hold harmless Chauffix from any claims, damages, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of applicable laws
• Your interaction with other users

15. Service Modifications

We reserve the right to:

• Modify or discontinue services with reasonable notice
• Update these Terms periodically
• Change pricing and fees
• Implement new features or requirements

16. Termination

16.1 User Termination

You may terminate your account at any time by contacting our support team.

16.2 Platform Termination

We may terminate or suspend your account for:

• Violation of these Terms
• Fraudulent or illegal activities
• Repeated complaints or safety concerns
• Non-payment or financial issues

17. Intellectual Property

• Our platform and content are protected by intellectual property rights
• You retain ownership of content you submit
• You grant us license to use submitted content for service provision
• Unauthorized use of our intellectual property is prohibited

18. Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

• Natural disasters and weather events
• Government actions and regulations
• Technical failures and cyber attacks
• Labor disputes and strikes

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and Chauffix regarding our services, superseding any prior agreements or understandings.

Back