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NovaFleet

TERMS OF USE

1. ACCEPTANCE OF THE TERMS

  1. These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between NovaFleet (the “Administrator”, “we”, “us”) and you. Please read these Terms carefully. Your access and use of the NovaFleet website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.
  2. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.
  3. Please also review Privacy PolicyThe terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

2. IMPORTANT DISCLAIMERS

  1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES.
  2. THE ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF JOB POSTINGS OR VEHICLES PROVIDED BY PARTNERS; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION.
  3. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. THE ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.

3. ACCOUNT REGISTRATION

  1. In order to use certain features of the Service, you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
  2. You may create an Account as an individual or as an authorized representative of a company.
  3. You can register only one Account. If more than one person accesses their Account from the same device, we may request proof of identity to avoid duplicate accounts.
  4. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
  5. You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. Users who are minors in their jurisdiction (generally under the age of 18) must have permission from, and be directly supervised by, their parent or guardian to use the Service.
  6. We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

4. SERVICES

  1. The Platform connects skilled drivers with employers seeking reliable candidates.
  2. Users can create profiles, browse job postings, and apply directly for driving positions
  3. The Administrator is not a party to any employment contracts or agreements between users and employers
  4. The actual agreements are solely between the users and the partners, and the Administrator is not liable for any issues arising from those agreements.
  5. We do not guarantee job placements or the authenticity of job listings.

5. USER RESPONSIBILITIES

    By using the Platform, you agree to:

  1. Provide accurate, complete, and up-to-date information in your profile and job applications.
  2. Conduct yourself professionally in all interactions with other users and employers.
  3. Verify the legitimacy of job postings and the qualifications of candidates before engaging in any transactions or agreements.
  4. Not post false, misleading, or infringing content.

6. JOB POSTING AND APPLICATIONS

  1. Job postings will remain open for a maximum of two weeks. After this period, partners must pay to repost the position, as it is expected that they would have received the necessary applications within this timeframe.
  2. For drivers, personal information and application documents will be stored for a maximum of two weeks. After this period, drivers are required to re-upload their documents before proceeding with further applications.

7. POSTING OF ANNOUNCEMENTS BY USERS

  1. Users shall provide any documents confirming the legitimacy of their announcements and identity documents upon request.
  2. Users must provide precise and complete information about their job announcements.

8. FEES

  1. The Platform may be free to access, but certain services may incur fees. Fees are disclosed on the Platform and are subject to change. We reserve the right to change the fees and acceptable payment methods at any time. All fees are non-refundable unless otherwise required by law.

9. USER REPRESENTATIONS AND WARRANTIES

  1. You represent that you have the legal capacity to enter into these Terms. If you register as a representative of a legal entity, you are authorized to do so.
  2. You will provide true, accurate, and complete information in your Account and will keep it updated.
  3. You will notify the Administrator of any unauthorized access to your Account.
  4. You will use the Service in accordance with applicable laws and will not post any false or misleading informati
  5. You will not use the Service for any illegal or unauthorized purpose or to post prohibited content.

10. INDEMNITY

  1. You agree to indemnify and hold the Administrator and its affiliates harmless from any claims or demands arising out of your use of the platform , your user content or your violation of these terms as well as those made by any third party arising from your use of the Platform, your User Content, or your violation of these Terms.

11. LIMITATION OF LIABILITY

  1. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE. OUR LIABILITY IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE CLAIM.
  2. Access to and use of the Service are at your own risk, and you will be solely responsible for any damage to your computing system or loss of data resulting from your use

12. INTELLECTUAL PROPERTY RIGHTS

  1. You retain ownership of your User Content. However, by submitting User Content, you grant the Administrator a non-exclusive, worldwide, perpetual license to use, display, and distribute such content in connection with the Service.

13. SERVICE AND PARTNER LIABILITY DISCLAIMER

  1. The Administrator is not responsible for the actions, decisions, or performance of any partner or employer utilizing the Platform, including the quality, safety, legality, or condition of vehicles provided
  2. Users are encouraged to conduct their own due diligence before entering into agreements with partners.

14. DISPUTE RESOLUTION

  1. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the NCIA Arbitration Rules. The arbitration shall be conducted in English

15. GOVERNING LAW

  1. These Terms shall be governed by the laws of Kenya. Any legal action must be initiated within one year after the cause of action arises

16. MISCELLANEOUS PROVISIONS

  1. If any provision of these Terms is found to be invalid, the remaining provisions shall continue to be in effect.
  2. We may assign our rights and obligations under these Terms at our discretion.
  3. If any provision of these Terms is found to be invalid, the remaining provisions shall continue to be in effect.

17. CONTACT

  1. For any questions or notices under these Terms, you may contact us at: support@novafleet.ai