Terms of Use
Last Updated: December 9, 2024
Please read these Terms of Use carefully before using the TaxiTao platform. By accessing or using our services, you agree to be bound by these terms.
Table of Contents
1. Definitions and Interpretation
In these Terms of Use:
- "Platform" refers to the TaxiTao website (taxitao.co.ke), mobile applications, and all related services.
- "Company," "We," "Us," "Our" refers to TaxiTao, a transportation platform operating in Kenya.
- "User," "You," "Your" refers to any individual or entity accessing or using the Platform.
- "Driver" refers to registered transportation service providers on the Platform.
- "Customer" refers to users requesting transportation services.
- "Services" refers to the taxi booking and transportation coordination services provided through the Platform.
- "Trip" refers to any completed or scheduled transportation service booked through the Platform.
- "Fare" refers to the total cost of a Trip, including base fare, distance charges, and any applicable surcharges.
2. Acceptance of Terms
By accessing, browsing, or using the TaxiTao Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations.
If you do not agree to these terms, you must immediately discontinue use of the Platform.
Your continued use of the Platform following any modifications to these Terms constitutes your acceptance of such modifications.
3. Description of Services
TaxiTao provides a technology platform that:
- Connects Customers with independent Drivers for transportation services
- Facilitates booking, scheduling, and payment processing for transportation services
- Provides route pricing information and fare estimates
- Enables communication between Customers and Drivers
- Offers driver rating and review systems
Important Notice:
TaxiTao is a technology platform only. We are NOT a transportation provider, taxi company, or employer of Drivers. All transportation services are provided by independent third-party Drivers. TaxiTao does not employ Drivers and has no control over their actions, conduct, or vehicle condition.
4. User Accounts and Registration
4.1 Account Creation
- You must be at least 18 years old to create an account
- You must provide accurate, current, and complete information during registration
- You must maintain and promptly update your account information
- You are responsible for maintaining the confidentiality of your account credentials
4.2 Account Security
- You are solely responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use of your account
- We reserve the right to suspend or terminate accounts that violate these Terms
- You may not transfer or share your account with any other person
4.3 Driver Verification
Drivers must undergo verification including:
- Valid driver's license verification
- Vehicle registration and insurance documentation
- Background checks as required by law
- Vehicle safety inspection (where applicable)
5. Driver Obligations and Requirements
5.1 Professional Conduct
Drivers must:
- Maintain professional conduct at all times
- Treat all Customers with respect and courtesy
- Comply with all traffic laws and regulations
- Follow the agreed route unless Customer requests otherwise
- Not engage in any discriminatory practices
- Not be under the influence of alcohol or drugs
5.2 Vehicle Standards
- Maintain vehicles in good working condition
- Keep vehicles clean and presentable
- Ensure valid insurance coverage at all times
- Display required permits and licenses
- Conduct regular vehicle maintenance and safety checks
5.3 Service Delivery
- Arrive at pickup locations within reasonable time
- Confirm booking details with Customers
- Provide accurate fare information
- Issue receipts for completed trips
- Handle Customer belongings with care
5.4 Payment and Fees
- Charge only the agreed-upon fare unless authorized changes occur
- Pay platform subscription fees as required
- Maintain accurate financial records
- Comply with tax obligations as independent contractors
6. Customer Rights and Responsibilities
6.1 Customer Rights
Customers are entitled to:
- Safe and professional transportation service
- Transparent fare pricing before booking
- Courteous treatment by Drivers
- Clean and well-maintained vehicles
- Ability to rate and review Drivers
- Report any service issues or complaints
6.2 Customer Responsibilities
- Provide accurate pickup and destination information
- Be ready at the designated pickup time
- Treat Drivers with respect
- Pay the agreed fare promptly
- Not damage or soil the vehicle
- Comply with vehicle capacity limits
- Report any lost items immediately
6.3 Prohibited Customer Conduct
- Harassment or abuse of Drivers
- Smoking or consuming alcohol in vehicles (unless permitted by Driver)
- Bringing illegal substances or weapons
- Requesting illegal activities
- Damaging vehicle property
7. Booking and Payment Terms
7.1 Booking Process
- Bookings are confirmed only when accepted by a Driver
- Fare estimates are provided before booking confirmation
- Final fares may vary based on actual distance, time, and route conditions
- Customers must provide accurate pickup and destination information
7.2 Payment Methods
- Cash payments to Drivers
- Mobile money payments (M-Pesa and other authorized platforms)
- Payment is due immediately upon trip completion
- Receipts will be provided for all completed trips
7.3 Fare Calculation
- Fares are calculated based on distance, time, and vehicle type
- Additional charges may apply for waiting time, tolls, or special requests
- Night surcharges may apply for trips between 10 PM and 6 AM
- Drivers may negotiate fares for long-distance trips
8. Cancellation and Refund Policy
8.1 Customer Cancellations
- Free cancellation: Up to 3 minutes after booking confirmation
- Cancellation after Driver arrival may incur a cancellation fee
- No-show cancellations: Full cancellation fee applies
- Repeated cancellations may result in account restrictions
8.2 Driver Cancellations
- Drivers may cancel bookings for valid safety or operational reasons
- Excessive cancellations may result in account suspension
- No penalty to Customer for Driver-initiated cancellations
8.3 Refund Policy
- Refunds are processed within 7-14 business days
- Refunds issued for service failures or overcharges
- Disputes must be reported within 24 hours of trip completion
- Platform fees are non-refundable except in cases of platform error
9. Service Fees and Charges
9.1 Driver Subscription Fees
- Monthly subscription: KES 500 per month
- Fees are due on the 1st of each month
- Non-payment may result in account suspension
- Subscription fees are non-refundable
9.2 Customer Service Charges
- No booking fees for Customers
- Customers pay only the agreed fare to Drivers
- Cancellation fees as outlined in Section 8
10. Platform Usage Rules
All Users must:
- Use the Platform only for lawful purposes
- Provide accurate and truthful information
- Not attempt to circumvent platform security measures
- Not use automated systems or bots
- Not reverse engineer or copy platform features
- Not create multiple accounts without authorization
- Respect intellectual property rights
11. Prohibited Activities
The following activities are strictly prohibited:
- Using the Platform for illegal purposes
- Fraud, misrepresentation, or false information
- Harassment, intimidation, or threats
- Discrimination based on race, religion, gender, or disability
- Unauthorized commercial use of platform data
- Spamming, phishing, or malicious software distribution
- Impersonation of other users or TaxiTao personnel
- Manipulating ratings or reviews
- Soliciting direct bookings outside the platform to avoid fees
12. Intellectual Property Rights
12.1 TaxiTao Intellectual Property
- All content, features, and functionality on the Platform are owned by TaxiTao
- Trademarks, logos, and service marks are protected property
- Software, algorithms, and technology are proprietary
- Unauthorized use of our intellectual property is prohibited
12.2 User-Generated Content
- Users retain rights to their personal information
- By posting reviews or ratings, you grant TaxiTao a license to use such content
- TaxiTao may use aggregated data for analytics and improvements
13. Liability and Disclaimers
IMPORTANT LEGAL NOTICE
Please read this section carefully as it limits our liability to you.
13.1 Platform Disclaimer
- TaxiTao provides the Platform on an "AS IS" and "AS AVAILABLE" basis
- We make no warranties regarding service availability, accuracy, or reliability
- We do not guarantee fault-free or uninterrupted service
- Technical issues may occur and we are not liable for resulting damages
13.2 Limitation of Liability
- TaxiTao is NOT liable for Drivers' actions, negligence, or misconduct
- We are NOT responsible for property damage or personal injury during trips
- We are NOT liable for lost, stolen, or damaged items
- Our maximum liability is limited to the fees paid in the last 6 months or KES 10,000, whichever is less
- We are NOT liable for indirect, consequential, or punitive damages
13.3 Driver Independence
Drivers are independent contractors, not employees or agents of TaxiTao. TaxiTao has no control over:
- Driver conduct or behavior
- Vehicle condition or maintenance
- Route selection or driving manner
- Compliance with traffic laws
13.4 Third-Party Services
- We are not responsible for third-party payment processors
- External links are provided for convenience without endorsement
- Third-party services have their own terms and conditions
14. Indemnification
You agree to indemnify, defend, and hold harmless TaxiTao, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from:
- Your violation of these Terms of Use
- Your violation of any law or third-party rights
- Your use or misuse of the Platform
- Your conduct during any Trip
- Any fraudulent or illegal activities
- Driver conduct (for Driver users)
- Any disputes with other Users
This indemnification obligation will survive termination of your account.
15. Insurance and Safety
15.1 Driver Insurance Requirements
- All Drivers must maintain valid comprehensive motor vehicle insurance
- Insurance must comply with Kenyan legal requirements
- Insurance certificates must be provided during verification
- Proof of insurance must be available upon request
15.2 TaxiTao Insurance
- TaxiTao does NOT provide insurance coverage for trips
- Drivers are solely responsible for obtaining adequate insurance
- Customers should verify Driver insurance before trips when necessary
15.3 Safety Measures
- Report safety concerns immediately using in-app features
- Emergency contact numbers are available in the app
- Share trip details with trusted contacts when possible
- Verify driver and vehicle information before entering
16. Data Protection and Privacy
Your privacy is important to us. Please refer to our Privacy Policy for detailed information about:
- How we collect, use, and protect your personal data
- Your rights regarding your personal information
- Data sharing with Drivers and third parties
- Security measures we implement
- Compliance with Kenya's Data Protection Act
By using the Platform, you consent to data collection and use as described in our Privacy Policy.
17. Dispute Resolution
17.1 Internal Dispute Resolution
- Contact our customer support team first for all disputes
- Provide detailed information and evidence
- We will investigate and respond within 7 business days
- Disputes should be reported within 48 hours of the incident
17.2 Mediation
- If internal resolution fails, parties agree to attempt mediation
- Mediation will be conducted by a mutually agreed mediator
- Mediation costs will be shared equally unless otherwise agreed
17.3 Arbitration
- If mediation fails, disputes will be resolved through arbitration
- Arbitration will be conducted in Nairobi, Kenya
- Arbitration will be governed by the Arbitration Act of Kenya
- Arbitration decisions are final and binding
17.4 Class Action Waiver
You agree that disputes will be resolved individually, not as part of a class action or representative proceeding.
18. Termination of Service
18.1 Termination by User
- You may terminate your account at any time by contacting customer support
- Account deletion is permanent and cannot be reversed
- Outstanding payments must be settled before account closure
- Subscription fees are non-refundable upon termination
18.2 Termination by TaxiTao
We reserve the right to suspend or terminate your account:
- For violation of these Terms of Use
- For fraudulent or illegal activities
- For safety or security concerns
- For non-payment of fees (Driver accounts)
- For repeated complaints or poor ratings
- At our discretion for any reason with 30 days notice
18.3 Effects of Termination
- Access to the Platform will be immediately revoked
- All licenses and rights granted to you will terminate
- Certain provisions of these Terms will survive termination
- Pending bookings will be cancelled
19. Modifications to Terms
- TaxiTao reserves the right to modify these Terms at any time
- Changes will be effective immediately upon posting
- Users will be notified of significant changes via email or in-app notification
- Continued use of the Platform after changes constitutes acceptance
- If you disagree with changes, you must discontinue use of the Platform
- Version history and effective dates will be maintained
20. Governing Law and Jurisdiction
- These Terms are governed by the laws of the Republic of Kenya
- Any disputes shall be subject to the exclusive jurisdiction of Kenyan courts
- If any provision is found invalid, the remaining provisions remain in effect
- Failure to enforce any right does not waive that right
- These Terms constitute the entire agreement between you and TaxiTao
21. Contact Information
For questions, concerns, or complaints regarding these Terms of Use, please contact us:
TaxiTao Customer Support
Email: support@taxitao.co.ke
Phone: +254 708 674 665
Operating Hours: Monday - Sunday, 6:00 AM - 10:00 PM EAT
Website: www.taxitao.co.ke
Acknowledgment
BY USING THE TAXITAO PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.
© 2024 TaxiTao. All rights reserved.
Last Updated: December 9, 2024