Terms & Conditions
1. Acceptance of These Terms
1.1 These Terms and Conditions (“Terms”) govern access to and use of the Peleka platform — including our website, mobile application and related services (together, the “Services”) — operated by Peleka Ltd, Company Registration No. [number], registered in Kenya (“Peleka”, “we”, “us”).
1.2 By registering an account, placing an order, or using the Services, you (“Customer”, “you”) agree to these Terms and to our Privacy Policy, which forms part of these Terms. If you do not agree, do not use the Services.
1.3 You confirm that you are at least 18 years old and, if acting on behalf of a business, that you are authorised to bind that business.
2. The Services
2.1 Peleka provides a technology platform that enables businesses to coordinate and manage deliveries, including on-demand everyday orders and scheduled deliveries, through a network of vetted riders, drivers and delivery partners.
2.2 Peleka acts as a technology and coordination service provider. Where third-party riders, drivers or transport providers perform deliveries, they do so as independent service providers, and Peleka uses reasonable efforts to vet, monitor and manage their performance.
3. Account Registration
3.1 To use the Services you must register an account and provide accurate, current and complete information, including business details and an authorised contact person.
3.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorised use.
4. Orders, Scheduling and Delivery
4.1 Placing orders. Orders may be placed through the platform by specifying pickup and delivery locations, recipient details, parcel information and any special instructions. An order is confirmed when the platform issues a confirmation.
4.2 Scheduled deliveries. For scheduled or recurring deliveries, you must provide accurate schedules and reasonable notice of changes. We will use commercially reasonable efforts to fulfil confirmed schedules.
4.3 Packaging and labelling. You are responsible for proper packaging, labelling and securing of items, and for ensuring that pickup and delivery details are accurate.
4.4 Recipient contact. Where a recipient is unavailable or unreachable, the delivery may be returned or held, and additional charges may apply.
4.5 Cancellations. Orders may be cancelled free of charge before a rider/driver is assigned; after assignment, a cancellation fee may apply.
5. Fees and Payment
5.1 Fees. Delivery fees are as displayed on the platform or as agreed in a written service agreement. Fees may vary based on distance, vehicle type, urgency, scheduling and other factors.
5.2 Payment. Payment is due as per the selected billing arrangement (per delivery, prepaid wallet, or invoiced account). Invoiced accounts are payable within the agreed credit period.
5.3 Late payment. Overdue amounts may attract interest and may result in suspension of the Services.
5.4 Taxes. Fees are exclusive of applicable taxes, which shall be added where required by law.
6. Prohibited Items and Conduct
6.1 You must not use the Services to transport: illegal items, cash or negotiable instruments, hazardous materials (unless expressly agreed in writing), firearms or weapons, perishables requiring unagreed cold-chain handling, live animals, or any item prohibited by Kenyan law.
6.2 You must not: misrepresent the nature or value of items; use the platform for unlawful purposes; interfere with or reverse-engineer the platform; or abuse riders, drivers or staff.
7. Customer Warranties
7.1 You warrant that: you own or are authorised to send the items tendered for delivery; the items are lawful, properly packaged and accurately described; and you have obtained any necessary consents to share recipient data with us.
8. Loss, Damage and Claims
8.1 Report any loss of or damage to an item within forty-eight (48) hours of the scheduled delivery time, with supporting documentation. Verified claims will be assessed and settled based on the declared value of the item, subject to any caps agreed in writing.
8.2 Peleka is not liable for loss or damage arising from: improper packaging; prohibited or undeclared contents; acts or omissions of the recipient; force majeure events; or circumstances beyond its reasonable control.
9. Disclaimers
9.1 The Services are provided on a reasonable-efforts basis. To the maximum extent permitted by law, Peleka disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and uninterrupted availability. The platform may be unavailable from time to time for maintenance or reasons beyond our control.
10. Limitation of Liability
10.1 To the maximum extent permitted by Kenyan law, Peleka’s total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (a) the fees paid by you for the delivery giving rise to the claim, or (b) the amount recoverable under our applicable liability cover for the specific delivery.
10.2 Peleka shall not be liable for indirect, consequential, special or punitive damages, or for loss of profits, revenue, data or goodwill.
11. Indemnity
11.1 You agree to indemnify and hold Peleka harmless against claims, losses and expenses (including reasonable legal fees) arising from your breach of these Terms, your unlawful or non-compliant use of the Services, or your tendering of prohibited or misdescribed items.
12. Intellectual Property
12.1 All rights in the platform, including software, branding, content and designs, belong to Peleka or its licensors. You are granted a limited, non-exclusive, non-transferable right to use the platform for its intended purpose. No rights are transferred to you.
13. Suspension and Termination
13.1 We may suspend or terminate access to the Services immediately where you breach these Terms, use the Services unlawfully, or fail to pay amounts due.
13.2 You may terminate your account at any time. Provisions that by their nature should survive (including fees due, liability limits and indemnities) survive termination.
14. Privacy and Data Protection
14.1 Our collection and use of personal data is described in the Peleka Privacy Policy, which complies with the Data Protection Act, 2019 (Kenya).
15. Force Majeure
15.1 Peleka is not liable for failure or delay in performance caused by events beyond its reasonable control, including strikes, weather, government action, infrastructure failure or epidemics.
16. Governing Law and Disputes
16.1 These Terms are governed by the laws of the Republic of Kenya. The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. Failing resolution within thirty (30) days, the dispute may be referred to the courts of competent jurisdiction in Nairobi, Kenya.
17. General
17.1 Entire agreement: These Terms, together with the Privacy Policy and any written service agreement, constitute the entire agreement between the parties on their subject matter.
17.2 Amendment: We may update these Terms from time to time; material changes will be notified via the platform or email before taking effect. Continued use after the effective date constitutes acceptance.
17.3 Severability: If any provision is found unenforceable, the remainder stays in force.
17.4 No waiver: Our failure to enforce a provision is not a waiver of it.
18. Contact
For questions about these Terms: Peleka — Email: [email protected] | Phone: +254782952923 | Address: Karen Shopping Plaza, Nairobi, Kenya, 00502