Terms & Conditions
Clear, transparent terms that protect both users and service providers under Kenyan law
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Legal Notice: Last updated January 6, 2025
These Terms of Service are governed by the laws of Kenya and comply with Kenyan consumer protection regulations.
1. Agreement and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Mashughuli Limited ("Mashughuli," "we," "us," or "our"), a company incorporated under the laws of Kenya.
By accessing or using the Mashughuli platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our services.
Legal Notice: You must be at least 18 years old and legally capable of entering into contracts under Kenyan law to use our services.
2. Service Description
2.1 Platform Overview
Mashughuli operates an online marketplace that connects individuals and businesses ("Requesters") who need errands completed with service providers ("Runners") who can complete those tasks.
2.2 Services Offered
- Delivery services (documents, packages, groceries)
- Personal shopping and procurement
- Queue services and form submissions
- Event assistance and coordination
- Professional services (plumbing, electrical, cleaning)
- Transportation and logistics
2.3 Platform Role
Mashughuli acts as an intermediary platform only. We do not directly provide errand services but facilitate connections between users. Individual transactions are conducted between Requesters and Runners.
3. User Accounts and Registration
3.1 Account Creation
- Provide accurate, current, and complete information
- Maintain the security of your account credentials
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
3.2 Verification Requirements
To ensure safety and comply with Kenyan regulations, we may require:
- Government-issued ID verification (National ID, Passport)
- Phone number verification via SMS
- Email address confirmation
- Address verification for certain services
- Financial information for payment processing
3.3 Account Suspension and Termination
We reserve the right to suspend or terminate accounts for violations of these Terms, illegal activity, or behavior that compromises platform safety and integrity.
4. User Responsibilities and Conduct
4.1 Prohibited Activities
Users must not:
- Engage in illegal activities or request illegal services
- Transport or handle dangerous, illegal, or prohibited items
- Provide false information or impersonate others
- Harass, threaten, or discriminate against other users
- Attempt to circumvent platform fees or payment systems
- Use the platform for commercial activities without authorization
- Violate intellectual property rights
- Interfere with platform operations or security
4.2 Service Standards
For Requesters
- Provide clear, accurate task descriptions
- Offer fair compensation
- Treat Runners with respect
- Pay agreed amounts promptly
- Provide necessary access and materials
For Runners
- Complete tasks as agreed
- Communicate progress clearly
- Handle items and information responsibly
- Arrive punctually for scheduled tasks
- Maintain professional standards
5. Payments and Fees
5.1 Payment Processing
- Payments are processed through M-Pesa, bank transfers, and other authorized methods
- Funds are held in escrow until task completion and acceptance
- Refunds are processed according to our refund policy
- All payments are subject to applicable Kenyan taxes
5.2 Platform Fees
- Service Fee: 5% of transaction value
- Payment Processing: 2.5% + KES 10
- Withdrawal Fee: KES 25 per transaction
5.3 Taxation
Users are responsible for understanding and complying with Kenyan tax obligations, including:
- Income tax on earnings from platform activities
- VAT obligations for applicable services
- Business registration requirements for commercial users
6. Liability and Insurance
6.1 Platform Liability
Mashughuli operates as an intermediary platform. While we strive to facilitate safe transactions, we cannot guarantee the quality, safety, legality, or timeliness of services provided by users.
6.2 User Liability
- Users are responsible for their own actions and interactions
- Requesters are liable for providing safe working conditions
- Runners are liable for proper handling of entrusted items
- Both parties must comply with applicable laws and regulations
6.3 Insurance Coverage
Insurance Notice: Mashughuli provides basic liability coverage for verified transactions. Users may need additional insurance for high-value items or specialized services. Coverage details are available in our Insurance Policy.
7. Dispute Resolution
7.1 Internal Resolution
- Direct communication between parties
- Platform-mediated dispute resolution
- Customer support intervention
- Formal complaint process
7.2 Legal Jurisdiction
These Terms are governed by Kenyan law. Any disputes that cannot be resolved through our internal process shall be subject to the jurisdiction of Kenyan courts.
7.3 Alternative Dispute Resolution
For commercial disputes exceeding KES 50,000, parties may elect binding arbitration under the Arbitration Act, 1995 of Kenya before resorting to court proceedings.
8. Intellectual Property
8.1 Platform Rights
The Mashughuli platform, including its design, functionality, content, and trademarks, is owned by Mashughuli Limited and protected under Kenyan intellectual property laws.
8.2 User Content
- Users retain ownership of content they create
- Users grant Mashughuli a license to use content for platform operations
- Users must not infringe on others' intellectual property rights
- We respond to valid DMCA and similar takedown requests
9. Data Protection and Privacy
Your privacy and personal data protection are important to us. Our data handling practices are detailed in our Privacy Policy, which complies with Kenya's Data Protection Act, 2019.
Your Rights
- Access to personal data
- Data correction and update
- Data deletion (right to erasure)
- Data portability
- Objection to processing
Our Commitments
- Secure data handling
- Limited data collection
- Transparent privacy practices
- Compliance with Kenyan law
- User consent management
10. Service Modifications and Availability
10.1 Service Changes
We reserve the right to modify, suspend, or discontinue any aspect of our service with reasonable notice. Significant changes affecting user rights will be communicated at least 30 days in advance.
10.2 Service Availability
- We strive for 99.5% uptime but cannot guarantee uninterrupted service
- Maintenance windows will be announced in advance when possible
- Emergency maintenance may occur without prior notice
- Service may be temporarily unavailable due to technical issues
11. Termination
11.1 User Termination
You may terminate your account at any time by following the account deletion process in your settings. Outstanding obligations must be fulfilled before termination.
11.2 Platform Termination
We may terminate or suspend your account immediately for:
- Violation of these Terms
- Illegal or fraudulent activity
- Threat to platform integrity or user safety
- Non-payment of fees
- Extended account inactivity
11.3 Effect of Termination
Upon termination, your access to the platform ceases, but these Terms remain in effect for completed transactions and ongoing obligations.
12. Governing Law and Legal Compliance
12.1 Applicable Law
These Terms are governed by and construed in accordance with the laws of Kenya, including but not limited to:
- Constitution of Kenya, 2010
- Consumer Protection Act, 2012
- Data Protection Act, 2019
- Employment Act, 2007
- Competition Act, 2010
12.2 Regulatory Compliance
Mashughuli is committed to complying with all applicable Kenyan regulations and may cooperate with government authorities as required by law.
13. Miscellaneous Provisions
Severability
If any provision of these Terms is found invalid, the remaining provisions remain in full effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the complete agreement between you and Mashughuli.
Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations with reasonable notice.
Force Majeure
Neither party is liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, government actions, or technical failures.
14. Contact Information
Legal Department
Email: legal@mashughuli.com
Phone: +254-XXX-XXXXXX
Address: [Company Address]
Nairobi, Kenya
Customer Support
Email: support@mashughuli.com
Phone: +254-XXX-XXXXXX
Hours: Monday - Friday, 8:00 AM - 6:00 PM EAT
Terms Acceptance
By creating an account or using Mashughuli services, you confirm that you have read, understood, and agree to be bound by these Terms of Service.
These Terms become effective immediately upon your acceptance and remain in effect until terminated by either party in accordance with the provisions herein.