Phone: +254742375005      +254753798176

GENERAL TERMS OF USE & PRIVACY POLICY

Preamble 

The following sets forth the general terms and conditions (the “Terms”) between AnNisa Taxi Limited. (“An Nisa”) and users of its Website at  www.annisataxi.com(the “Site”) and of the services, features, content, applications or widgets offered by An Nisa(collectively with the site, the “Service”). By using the An Nisa Website and the An Nisa application (the “An Nisa-App”) and/or the Services, features, content, applications or widgets offered by An Nisa, you agree to be bound by these Terms.  

Users include all parties, including (but not limited to) the drivers, the passengers, app user’s, employees e.t.c.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES

These Terms supersede any and all prior oral and written quotations, communications, agreements and understandings of the parties in respect of the use of the Services. 

Description of the Services.

AnNisa provides the An Nisa-App application for internet-enabled portable devices (“Smartphones”) via which users can access and order taxi services in various locations, subject to availability at the location of the user.  All use of the Services is subject to these Terms.  The Services are offered without cost to you, except where local law or regulation provides that taxis ordered via radio dispatch service or via the internet must levy a surcharge.  The term “without cost to you” does not in any way affect your obligation to pay the fare for any taxi transportation services ordered via the Service but refers only to your use of the Service in order to obtain such transportation services.

Depending on your location and applicable law and/or regulations, An Nisa may also offer you the possibility of paying your taxi fare electronically via the An Nisa-App installed on your Smartphone, via M-PESA or other online payment methods as shall from time to time be available.  Separate terms and conditions, which follow these Terms, apply to An Nisa Payment transactions. 

Disclaimer. 

An Nisa does not provide transportation services and is not a transportation carrier or taxi company. It is up to the driver or vehicle operator to offer transportation services which may be ordered and scheduled through use of the An Nisa-app. An Nisaoffers information and a method to obtain taxis for transportation.  An Nisahas no responsibility or liability for any transportation services provided to you by third party taxi drivers and/or taxi companies. Taxi drivers that use the service and the An Nisa-app to obtain fares are not employees, agents or affiliates of An Nisa.  AnNisatakes no responsibility and assumes no liability for any acts or omissions of taxi drivers who use the An Nisa-app.  The quality of the transportation services ordered through the use of the services and the app is entirely the responsibility of the taxi driver or taxi company providing such transportation services. You understand and acknowledge, therefore, that by using the An Nisa-app that you use the service at your own risk. 

The services are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. Except as expressly provided herein and to the fullest extent permitted by applicable law, An Nisa expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. An Nisa makes no warranty that the services will be uninterrupted, timely, secure or error free. An Nisa, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. your use of the website, service, content and add-to link is solely at your own risk.

Acceptance of Terms. 

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein (“Terms of Use”) and all other operating rules, policies and procedures that may be published from time to time on the Site by An Nisa, each of which is incorporated by reference and each of which may be updated by An Nisa from time to time without notice to you in accordance with the terms set out under the “Modification of Terms of Use”. In addition, some services offered through the Service may be subject to additional terms and conditions specified by An Nisa from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference.

Registration

In order to use the Service, you are required to register with An Nisa and represent, warrant and covenant that you provide An Nisa with accurate, truthful, and complete registration information (including, but not limited to your first and last name, address, telephone number, e-mail address, a user name and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your An Nisa password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify An Nisa in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. An Nisa may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way. 

The legal bases of this processing consists in the implementation of the contract and in providing our services through the app. In case you decline to provide this data, the registration and the creation of the account on our app and the usage of the services become impossible. Also, in certain situations the processing bases of these data consist in our legitimate interest in defending our commercial activity, meaning that we are ensuring that all the measures we take guarantee a balance between our interests and your fundamental rights and freedoms. Therefore, our legitimate interest may consist in taking measures of prevention and detection of fraud attempts, including the transmission of information to competent public authorities or other risk management measures.

Access to the AnNisa Service 

Subject to these Terms of Use, An Nisa may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services An Nisa performs for you, any applications or widgets offered by An Nisa that you download from the Site or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores authorized by An Nisa, as well as the offering of any materials displayed or performed on or through the Services. 

An Nisa Content. 

The Service contains Content specifically provided by An Nisa or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. Subject to these Terms of Use, An Nisa grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicenseable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from An Nisa, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right. 

Third Party Sites and Services. 

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under An Nisa’s control, and you acknowledge that An Nisa is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that An Nisa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource. 

Termination. 

An Nisa may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Indemnification. 

You shall defend, indemnify, and hold harmless An Nisa, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Service, violation of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of An Nisa). AnNisa reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with An Nisa in asserting any available defenses. 

Limitation of Liability. 

To the fullest extent permitted under law, An Nisa will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the service. Nothing in these terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, An Nisa’sliability will be limited to the fullest extent permitted by applicable law. 

Rules and Conduct. 

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry. You shall not (directly or indirectly): take any action that imposes or may impose (as determined by An Nisa in its sole discretion) an unreasonable or disproportionately large load on An Nisa’s (or its third party providers’) infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures An Nisa may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content, except as expressly authorized by An Nisa; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; otherwise take any action in violation of An Nisa’s guidelines and policies. An Nisa reserves the right to access, read, preserve, and disclose any information as An Nisa reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of An Nisa, its users and the public. 

Evaluations 

As part of the Service, you may evaluate the driver and the condition of the taxi you ordered through the Service.  You agree that all such evaluations will be objective and fair.  You acknowledge and agree that your evaluations may be published on the An Nisa-App and that such evaluations may be accessible to other users of the Services.  To the fullest extent permitted by applicable law or regulation, you hereby waive any and all intellectual property and privacy rights you may have with respect to the publication of your evaluations.

Responsibility for Contents 

The sole responsibility for the content published and transmitted in the An Nisa-App or on the Site lies with the person or persons publishing the same. All such content shall comply with legal and statutory requirements and in accordance with the requirements of decorum and objectivity. If any publications breach the above-mentioned regulations, An Nisa shall be authorized to delete same immediately.

Governing Law. 

You and An Nisa agree that any cause of action arising out of or related to the Service must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of Kenya.

Integration and Severability. 

These Terms of Use are the entire agreement between you and An Nisa with respect to the Service and use of the Site, Service, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and An Nisa with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, An Nisa must provide you with written notice of such waiver through one of its authorized representatives. 

Copyrighted Material, Application and Trademark Information.  

AnNisa’s product names, service names, slogans or logos referenced on An Nisa’s websites and/or in the An Nisa-App are trademarks or registered trademarks of An Nisa. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners. All of the information, content, and materials offered by An Nisa and the app are protected by copyright and other applicable laws. Drivers may not copy, publicly display, modify or distribute such material without An Nisa’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon. All right, title and interest in and to the An Nisa-App and the Services is and will remain the exclusive property of An Nisa and its licensors.

Relationship of the Parties 

An Nisa and you are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

Miscellaneous 

Severability – If any part of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

Amendments – An Nisa reserves the right to change these Terms from time to time. Please refer to the Site periodically for any changes. By continuing to access or use the Service after An Nisa makes any such changes, the Driver agrees to be bound by the revised Terms. The general terms and conditions may be consulted at any time online at www.annisataxi.com or in the Application.

Entirety – This agreement shall constitute the complete and exclusive agreement between An Nisa and the Driver. The use of the An Nisa-App is expressly made conditional on the Driver’s your consent to these Terms. 

No Waiver – The failure of An Nisa to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 

Force Majeure – Neither party shall be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

Governing Law – The parties agree that these Terms and any claims hereunder shall be governed by and subject to the Laws of Kenya. Any action hereunder must be brought, if at all, within six (6) months year from the accrual of the cause of action.  

Contact 

You may contact An Nisa at the following address: 

6th Floor, Senteu Plaza, Galana / Lenana Road Junction, Nairobi Kenya.

P.O Box 22494 – 00505
Nairobi Kenya.

The legal bases of this processing consist in the implementation of a contract or to move for your request before concluding of a contract. In case you decline to provide this data, it becomes impossible for us to contact you in order to handle your issue and to offer our support.

Commercial Communications

You may choose to receive commercial communications by e-mail, SMS, phone calls or by promotional push notifications. In case you choose to receive such commercial notifications, you must know that we use your e-mail address and phone number to send you marketing messages regarding An Nisa’sactivities and promotions.

You can choose not to receive more communications at any time, free of charge.

The legal basis of processing your e-mail address and phone number for this reason is your consent.

 Terms and Conditions for AnNisa Payment

Preamble

The following terms and conditions (the “Payment Terms”) apply in addition to the General Terms and Conditions (the “Terms”) separately agreed between the parties.  In case of a conflict between these Terms and the Terms, the provisions of these Terms shall prevail. An Nisa offers you the possibility of settling certain fares procured via the Service via direct electronic or online payment.  A precondition to use An Nisa Payment is that the taxi driver has also agreed to participate in the An Nisa Payment service.  Payment may be made via the An Nisa-App per electronic direct debit system, credit card charge, cash,M-PESA or other payment methods (collectively hereinafter “An Nisa Payment”).

Subject Matter

Subject of these Payment Terms is the performance of transportation services via taxi and electronic or cash payments via An Nisa Payments, assuming that you have chosen to pay for the fare via An Nisa Payment at the time you placed the order for transportation services by taxi via the An Nisa-App.  Any taxi transportation that is paid for via An Nisa Payments is hereinafter referred to as a “An Nisa Payment Ride.” When registering, you shall determine the manner by which you will pay.  The choice of payment method may be changed at any time by you via the Site or the An Nisa-App.  In the event you have provided An Nisa with several alternative payment methods, you will be able to choose which payment method you wish to use for each An Nisa Payment Ride prior to authorizing payment. An Nisa reserves the right to offer different payment methods or stop offering any payment method at any time for any reason or for no reason. In the event you choose M-PESA as a payment method, the terms and conditions of M-PESAshall apply in addition to these Payment Terms.  Any additional fees charged by M-PESA are your sole responsibility and you authorize An Nisa to add such fees, in the event that they are charged to An Nisa, to any amount charged to you. When relaying a transportation request, An Nisa informs participating taxi drivers that the request is for aAn Nisa Payment ride.  Taxi drivers who do not participate in An Nisa Payment will not be eligible to accept requests for An Nisa Payment Rides.

Term and Termination

This Agreement shall commence upon acceptance your application to participate in An Nisa Payment and shall be remain in effect indefinitely until terminated as provided herein. The agreement may be terminatedby either party at any time, with or without reasons by written notice. After termination of this Agreement, you shall no longer be able to us the An Nisa App.  

Your Obligations and Indemnification

Upon completion of the trip, the Taxi Driver/Taxi Company shall obtain confirmation that the you are authorized to pay via An Nisa Payment, as well as confirmation of the amount due for the fare (plus any surcharges permitted by local law or regulation). By choosing aAn Nisa Payment Ride, you agree that you may not receive a printed receipt, except to the extent that written printed receipts are required by local law or regulation.  An Nisa will confirm your payment via email to the email address you provided upon registration. AnNisa reserves the right to suspend your account temporarily or permanently, at its sole discretion, in the event that An Nisa believes that you password may have been compromised.  In such cases, An Nisa shall inform you by notice to the email address associated with your account at the earliest possibly opportunity, if possible before your account is suspended. You are responsible for maintaining all accounts in such a manner as to assure that the An Nisa Payment amount billed through the An Nisa-App is covered.  In the event that payment is refused by your bank or service provider, you are responsible for any and all expenses, including collection expenses and reasonable lawyer’s fees, incurred by An Nisa as a result. AnNisa assumes no responsibility or liability for any payment errors not caused by An Nisa’s own negligent acts or omissions.  In the event of errors with respect to electronic payments, you must contact your bank or service provider, as the case may be, to resolve such issues. In the event that payments are delayed due to your fault, except for delays caused by an event of force majeure as defined herein of these Payment Terms, An Nisa reserves the right to charge interest in the amount of ………..percent (…10….%) or the maximum statutory interest rate, whichever is higher, in addition of a processing fee of KShs…0…..  In addition, in the event that An Nisa suffers damages in excess of the amounts collected, An Nisa shall not be barred from claiming such additional damages. You agree to indemnify, defend and hold An Nisa, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable lawyers’ fees, resulting from (i) any violation of these Payment Terms, breach of any warranty under these Payment Terms or any activity related to access to or use of your An Nisa account (including negligent or wrongful acts or omissions) by you or any third party accessing the An Nisa Payments service using your account and/or (ii) any violation of law or regulation committed by you while using the An Nisa-App or the An Nisa services.

Warranties and Limitation of Warranties

The legal liability of An Nisa under these Payment Terms is limited to damages arising from An Nisa’s own gross negligence or willful misconduct or the gross negligence or willful misconduct of An Nisa’s employees and/or agents. AnNisa is entitled to discontinue the An Nisa Payment service temporarily or permanently, with or without informing you, though every reasonable effort will be made to inform you of any interruptions in its service ahead of time. The An Nisa payment services are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. except as expressly provided herein and to the fullest extent permitted by applicable law, An Nisa expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. An Nisa makes no warranty that its services will be uninterrupted, timely, secure or error free.

Limitation of Liability.

For purposes of this Section, “An Nisa” shall include An Nisa and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. To the fullest extent permitted under law, An Nisa will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to the taxi driver/taxi company’s or any driver’s use of the payment services, even if An Nisa has been advised of the possibility of such damages.

Relationship of the Parties

An Nisa and Taxi Driver are independent contracting parties and nothing in these Payment Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

An Nisa Payment Introductory Offer Voucher Redemption Conditions.    

  1. You may redeem yourAn Nisa Payment introductory offer voucher in connection with a taxi trip via participating taxis in Kenya, provided you are a registered An Nisa Payment user.
  2. The introductory offer voucher is valid only for aAn Nisa Payment trip in Kenya and can be redeemed only once within the time period stipulated on the voucher. After use of the voucher code in the An Nisa app., the voucher code as well as the voucher value stipulated on the voucher will be cancelled. Re-use of the voucher code is not possible. Any non-redeemed voucher which remains unused within this period is also cancelled at the end of the stipulated period. Vouchers are not redeemable for cash.
  3. The introductory offer voucher is redeemable only from An Nisa Payment participating taxis and only in the  locations in which the placement function of the An Nisa app., as well as the An Nisa Payment payment function are available.
  4. The introductory offer voucher entitles you to a single An Nisa Payment trip up to the value of stated on the voucher.
  5. Introductory offer vouchers cannot be combined with other offers, subsidies, vouchers, coupons or discounts. The vouchers have no actual cash value, are not transferable, and can be redeemed only once. The voucher is redeemable only by input of the voucher code in the An Nisa app. There is no replacement for lost or stolen vouchers or voucher codes. The voucher cannot be sold or resold, or be redeemed for cash
  6. Customers are entitled to participate in this introductory voucher offer only once. In case of an illegitimate use, An Nisa is entitled to close the customer’s accounts. An Nisa additionally reserves the right to close customer accounts in cases of fraud, attempts at deception, or on suspicion of other unlawful activities in connection with a voucher or voucher redemption. No claim is permitted regarding activation or payment of any affected vouchers.
  7. In addition to these redemption conditions, the General Terms & Conditions of An Nisa apply and are incorporated herein by reference.

Personal Data

An Nisa attaches great importance to the protection of their users’ personal data. All personal information (title, name, address, e-mail address, telephone number, and locations) submitted by users is collected, stored, and processed exclusively in accordance with the country-specific legal provisions concerning data protection.

As a rule, we keep Personal Data as long as you are registered and have an account on the app.

We may use the Personal Data for the following purposes:

  • For the Services or support you request;
  • For customer support;
  • For research and further development;
  • For data processing;
  • To build a database for another affiliated business partner or subsidiary;
  • To investigate in any claims whether in a legal nature, or otherwise;
  • To contact you from time to time with critical user or service updates;
  • To protect the legitimate interests;
  • To send other messages that are integral to the service we provide;
  • To customize, measure and improve our services, content and advertising;
  • To compare information for accuracy, and verify it with third parties; and
  • To prevent activity we determine to be potentially illegal, unlawful or harmful.

Personal Data may also be used at your request, e.g. if you wish to share your location or ride with another user who can track your movements.

We take appropriate technical and organizational measures to guard against unauthorized or unlawful processing of your Personal Data and against accidental loss or destruction of, or damage to, your Personal Data. While no system is completely secure, we believe the measures implemented by us reduce our vulnerability to security problems to a level appropriate to the type of data involved.

We have security measures in place to protect our user database and access to this database is restricted internally. However, it remains each your responsibility:

  • To protect against unauthorized access to your app;
  • To ensure no-one else uses the app while you are “logged on” to the app
  • To log off or exit from app when not using it; and
  • Where relevant, to keep your password or other access information secret. Your password and log in details are personal to you and should not be given to anyone else or used to provide shared access for example over a network; and
  • To maintain good internet security.  For example if your email account or Facebook account is compromised this could allow access to your account with us if you have given us those details and/or permitted access through those accounts. If your email account is compromised it could be used to ask us to reset a password and gain access to your account with us.  You should keep all of your account details secure.  If you think that any of your accounts has been compromised you should change your account credentials with us, and in particular make sure any compromised account does not allow access to your account with us.  You should also tell us as soon as you can so that we can try to help you keep your account secure and if necessary warn anyone else who could be affected.

If you have asked us to share data with third party sites, however (such as Facebook) their servers may not be secure.  Credit card information is generally stored by our credit card processing partners and we ask them to keep that data secure.

Note that, despite the measures taken by us and the third parties we engage, the internet is not secure. As a result others may nevertheless unlawfully intercept or access private transmissions or data.

Under certain circumstances, we may keep Personal Data for longer time, such as when we are bound to doing so on accordance with legal, regulatory, fiscal and accounting requirements.

Equally, we may keep Personal Data for longer periods of time, such as to have a record of your relationship with us in case of any complaints or if we reasonably believe that there is a litigation perspective related to the processing of Personal Data or to transactions.

You must inform us of any changes, updates or correction to your Personal Data.

Server log files

For technical reasons, each time you access the Website, An Nisa or its webspace provider collects the

  • Name of the Website accessed
  • Time
  • Date
  • Browser type and operating system used
  • Page previously visited
  • IP address

This data is stored for prosecution purposes in the event of illegal activities, and may also be used for statistical analyses for the optimization of our Website.

Cookies

Cookies are small text files that enable the recognition of a specific device. They are primarily used to optimize ease-of-use and our Website’s offering.

Cookies are installed by a web-server request to a browser, being completely passive in the sense that it does not have any software program, viruses or spywares and it cannot access the information hold on the user’s hardware.

Cookies are used to provide the user with a pleasant experience of accessing and navigating a website by offering features such as: language options, saving registration data, relevant advertising, shopping cart.

Users can delete cookies in their browser settings and prevent their storage in the future; however, they may not be able to use the full functionality of the website.

Online ordering

After prior registration, users can order a taxi via An Nisa.com. Personal data must be collected here in order to provide the service. This information is protected and is stored for data collection purposes.

Contact

AnNisa.com offers its users the option of contacting An Nisa via e-mail (optionally via a contact form), telephone, or similar. In this case, information provided by the user is stored for the further processing of queries. This information is not passed on to third parties.

Facebook

An Nisa uses components from Facebook (hereinafter “Facebook”) on its Website (e.g. Facebook Connect and Facebook social plug-ins). For each page view of a page with such components, a link is established to Facebook’s servers. This enables Facebook to identify the Website the user in question has visited and to store other data, such as the IP address. If the user is also logged on to Facebook, Facebook may also associate the data with the user’s Facebook account. If the user wants to prevent this, they must log off Facebook before visiting the page.

More information about how Facebook processes data can be found on Facebook’s Website: https://www.facebook.com/about/privacy/.

Third-party offers

Third-party offers (e.g. YouTube videos) may be included on An Nisa.com, whereby the user’s IP address will be transmitted to the third-party provider for technical reasons. We have no influence over how third-party providers store this data. Clarification can be provided only where An Nisa has this information itself.

Disclosure, revocation, and deletion

The user has the right to receive free of charge any information about the collection, processing, or use of personal data that is stored about them, and to request the correction, blocking, or deletion of this data, insofar as there is no legal obligation to retain such data.

  1. Services of An Nisa
  • The Driver shall register with An Nisa, furnishing accurate information, before using the services of An Nisa. Upon successful registration, the Driver shall be entitled to use the An Nisa Smartphone App and the An Nisa Services in accordance with these terms and conditions and applicable laws, rules and regulations.
  • AnNisa shall provide the Driver with the An Nisa Smartphone App (hereinafter, the “An Nisa Smartphone App”) and certain services for internet-enabled portable terminal devices such as smart phones (hereinafter, “Terminal Devices”). The An Nisa Smartphone App may be provided via a download link.
  • Using the An Nisa Smartphone App, the Driver may use the An Nisa service, subject to availability, to receive transportation orders through the service and the associated option to be contacted directly by potential Passengers looking for a taxi through An Nisa (hereinafter, “Passengers”). The location of the Driver will be displayed after localization and can be followed by the Passenger via the An Nisa Smartphone App on a map.  Driver specific information, which may include the taxi’s registration and/or license plate number, speed and evaluation rating will be displayed on the Passenger’s Terminal Device. Prior to choosing a taxi, the taxi symbol on the Passenger’s Terminal Device does not display Driver specific information (anonymous data only).  After clicking on the taxi symbol, the Passenger initially is only able to view the type of vehicle and it’s year of production, and whether the taxi is free or occupied.  When the Driver starts the An Nisa Smartphone App, the taxi’s location can be identified by all Passengers and other Drivers also using the An Nisa Smartphone App and the taxi’s position can be located via the An Nisa Smartphone App.  
  • The scope of An Nisa service and use of the An Nisa Smartphone App does not include the use of the required internet connection. AnNisa does not provide internet access as part of the An Nisa Services nor does An Nisa provide or maintain the networks over which the An Nisa Services are provided. It is the Drivers sole responsibility to arrange for internet access and to configure the Terminal Device for use with the An Nisa Smartphone App.  All associated costs and fees are the Driver’s sole responsibility.
  • For every transportation of a Passenger completed using the An Nisa Smartphone App, the Driver shall pay the charge agreed in accordance with the relevant applicable price list. To the extent permitted by applicable law or regulation, there is no charge to the Passenger for placing an order for transportation via the An Nisa Smartphone App, unless the ride is cancelled.
  • Subject to applicable law or regulation, An Nisa considers that a legally binding contract of carriage is entered into between the Driver and the Passenger through the use of the An Nisa Smartphone App when the “ACCEPT” button is pressed by the Driver. The taxi journey shall be billed to the Passenger in accordance with contractual and statutory provisions in effect in the jurisdiction in which the taxi is operated.
  1.              Billing for the An Nisa service

2.1.        The Driver shall be charged for the An Nisa service.

3Revisions, Changes and Updates to the AnNisa Smartphone App

AnNisa reserves the right to revise, change and/or update the An Nisa Smartphone App in any manner in order to develop it further and improve it qualitatively.  It is the Driver’s responsibility to assure that the latest version of the An Nisa Smartphone App is installed on the Driver’s Terminal Device.

  1.              Availability; Limitation of Warranties

4.1               Subject to these Terms, An Nisa shall provide the An Nisa Smartphone App as well as associated billing and invoicing services. AnNisa warrants that the An Nisa Smartphone App shall substantially conform to the specifications set forth in the documentation and shall function substantially as intended. AnNisa’s sole obligation under this warranty shall be limited to using reasonable efforts to ensure such conformity and operation and to supply Driver with a corrected version of the An Nisa Smartphone App as soon as practicable after discovery of an error. This warranty shall be void if the An Nisa Smartphone App is modified without the written consent of An Nisa.

4.2         The Driver shall have no claim to the continuous and uninterrupted availability of the An Nisa Smartphone App or the An Nisa Services. An Nisa does not warrant (a) that operation of the An Nisa Smartphone App shall be uninterrupted or error free, or (b) that functions contained in the An Nisa Smartphone App shall operate in the combination which may be selected for use by Driver or meet Driver’s requirements. AnNisa shall take reasonable steps to achieve maximum possible availability and to rectify any faults in the An Nisa Smartphone App as quickly as possible.Under no circumstances shall An Nisa be liable for the acts or omissions of passengers using the An Nisa Smartphone App, which are transported by the Driver.

  • An Nisa is entitled to discontinue its service temporarily or permanently, with or without informing the Drivers, though every reasonable effort will be made to inform Drivers of any interruptions in its service ahead of time.
  • The services and application are provided on an “as is” and “as available” basis and without warranties of any kind either express or implied. to the fullest extent permitted by applicable law, An Nisa expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property right. An Nisa makes no warranty that its website, the application or any services will be uninterrupted, timely, secure or error free.
  1.          Limitation of Liability.

For purposes of this Section, “An Nisa” shall include An Nisa and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data. To the fullest extent permitted under law, An Nisa will have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any incidental, indirect or consequential damages or liabilities (including, but not limited to, any loss of data, revenue or profit) arising with respect to a driver’s use of the application or the An Nisa website or the services provided by An Nisa, even if An Nisa has been advised of the possibility of such damages. This foregoing limitation applies to damages arising from (i) use or inability to use the application, the An Nisa website or the An Nisa services; or (ii) any other matter relating to the application, the An Nisa website or the An Nisa services.

  1.              General Obligations of the Driver

6.1.         The Driver warrants that he/she is in possession of all governmental licenses and approvals necessary for the transportation of passengers by taxi. The Driver shall furnish evidence of such licenses and approvals prior to commencing use of the An Nisa Smartphone App. Any changes with respect to the Driver’s authorization to provide transportation services of the use of the An Nisa Smartphone App shall be provided to An Nisa in writing immediately upon coming to the attention of the Driver.

6.2.         The Driver shall at all times furnish all personal information correctly and completely and shall keep this information updated at all times.

6.3.         The Driver shall not use the An Nisa Smartphone App in a manner that it impairs, overload or damages the An Nisa Smartphone App and shall not, or permit others to, circumvent any security or anti-piracy features of the An Nisa Smartphone App, nor shall the Driver circumvent or modify the safety precautions of the An Nisa Smartphone App.

6.4.         All intellectual property rights to the An Nisa Smartphone App shall be retained by An Nisa. The Driver may not copy, modify, reverse engineer, disassemble or distribute the An Nisa Smartphone App provided to him.

6.5.         The Driver shall keep his/her username and password safe and confidential and shall not disclose them or grant access to the An Nisa Smartphone App to any third party. The Driver shall have sole responsible for maintaining the confidentiality and security of the Driver’s An Nisa account. The Driver shall bring any unauthorized use by third parties promptly to the attention of An Nisa.

6.6.       The Driver agrees to indemnify, defend and hold An Nisa, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, breach of any warranty under these Terms or any activity related to access to or use of the Driver’s account  or any negligent or wrongful acts or omissions by the Driver or any third party accessing the An Nisa Service using such Driver’s account and/or (ii) any violation of law or regulation committed by the Driver while using the An Nisa Smartphone App or the An Nisa Services.

6.7.         The Driver shall inform An Nisa completely and promptly in the event that the Driver receives any information that any third party has brought or intends to bring a claim for damages against An Nisa resulting from the Driver’s use of the An Nisa Smartphone App or the An Nisa Services.

6.8.         Any personal data of other An NisaAn Nisa Smartphone App users and/or participants in the An Nisa Services that is transferred or otherwise made known to the Driver shall be kept confidential by the Driver and shall not be disclosed to third parties, except with the prior written consent of the other participant or as may be required by applicable law or regulation or pursuant to a court order.

  1.              Obligation to Accept a Transportation Order

7.1.         The Driver shall accept available transportation orders from Passengers subject to applicable law or regulation, provided that the An Nisa Smartphone App is activated in the taxi and the Driver’s vehicle is not currently engaged in the transportation of another passenger.

7.2.         The Driver shall update the status of his/her taxi (whether the taxi is free or engaged) in the activated An Nisa Smartphone App at all times, to permit potential Passengers to identify the current status of the taxi.

  1.             Termination of the Agreement/Exclusion from Use

8.1.         These Terms shall be effective the date of signature by the Driver and shall continue indefinitely until terminated pursuant to the provisions hereof.

8.2.         The agreement entered into between An Nisa and the Driver may be terminated at any time by either party with immediate effect and without specifying any reasons.

8.3.         The agreement shall terminate automatically, without any requirement of notice, in the event the Driver is no longer authorized to provide transportation via taxis or hire cars.

8.4.         The Driver may be suspended temporarily or excluded permanently from the use of the services for material breaches of the obligations arising under applicable law or regulation and/or these Terms or any other binding agreements between the parties, including any past, present or future criminal records and/or dealings.

8.5.         The Driver’s right to use the An Nisa Smartphone App and the An Nisa Services may also be suspended, at the sole discretion of An Nisa, if the Driver fails to comply with the obligation to pay all fees due to An Nisa when they are due, revokes the direct debit authorization or fails to carry a passenger after accepting a transportation order or after an advance order has been placed and accepted by the Driver.

  1.           Evaluations

9.1.      The Driver agrees that Passengers may evaluate the Driver and the vehicle. An Nisa makes no warranties or representation that the evaluations provided by Passengers will be objective or fair.

9.2.      The Driver acknowledges and agrees that Passenger evaluations may be published on the An Nisa Smartphone App as the Driver participates in the An Nisa Services and uses the An Nisa Smartphone App and that such evaluations shall be accessible to Passengers having ordered transportation services.  To the fullest extent permitted by applicable law or regulation, the Driver hereby waives any and all privacy rights that the Driver may have with respect to the publication of Passenger Evaluations.

  1.           Responsibility for the Contents

10.1.      The sole responsibility for the content published and transmitted in the An Nisa Smartphone App or on the website by the Driver (such as the Driver’s name and any slogan he/she wishes to add) shall lie with the Driver publishing the same. All content shall comply with legal and statutory requirements and the requirements of decency, decorum and objectivity.

10.2.      If any publications breach the above-mentioned regulations, An Nisa shall be authorized to delete same immediately.

  1.         Copyrighted Material, An Nisa Smartphone App and Trademark Information.

11.1.      AnNisa’s product names, service names, slogans or logos referenced on An Nisa’s websites and/or in the An Nisa Smartphone Apps are trademarks or registered trademarks of An Nisa. All other company, product or service names are used for identification purposes only and are trademarks of their respective owners.

11.2.      All of the information, content, and materials offered by An Nisa are protected by copyright and other applicable laws of Kenya. Drivers may not copy, publicly display, modify or distribute such material without An Nisa’s or the copyright owner’s prior written consent. Drivers may use these materials pursuant to these Terms and subject to the restrictions set forth herein, so long as they do not modify the materials or remove any copyright or any proprietary rights notices contained therein or thereon.

11.3.      All right, title and interest in and to the An Nisa Smartphone App and the services provided is and will remain the exclusive property of An Nisa and its licensors. The An Nisa Smartphone App is protected by copyright, trademark and other laws of Kenya.

  1.           Relationship of the Parties

An Nisa and Driver are independent contracting parties and nothing in these Terms shall make either party the agent or legal representative of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other party.

  1.           Miscellaneous

13.1.      Severability. If any part of these Terms is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

13.2.      Amendments. An Nisa reserves the right to change these Terms from time to time. Please refer to the An Nisa website periodically for any changes. By continuing to access or use the Service after An Nisa makes any such changes, the Driver agrees to be bound by the revised Terms.

13.3.      Entirety. This agreement shall constitute the complete and exclusive agreement between An Nisa and the Driver with respect to the subject matter of these Terms. The use of the An Nisa Smartphone App is expressly made conditional on the Driver’s your consent to these Terms.

13.4.      No Waiver. The failure of An Nisa to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. 

13.5.      Force Majeure. An Nisa shall not be liable for any failure to perform its obligations under these Terms where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

13.6.      Governing Law. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the Laws of Kenya.

Addendum Governing AnNisa Advance Reservations

Preamble

This addendum (the “Addendum”) shall apply, in addition to the General Terms and Conditions (Drivers) with respect to the An Nisa advanced reservations service.

AnNisa customers may make an Advance Reservation (hereinafter referred to as “Advance Reservation”) for a journey, to be conveyed by a Driver via the An Nisa Smartphone App. AnNisa will forward the enquiry for ordering a taxi made by a An Nisa customer by way of an Advance Reservation to the Driver. By accepting the Advance Reservation, the Driver shall in particular be bound to execute the order for transportation services in line with the customer’s reservation specifications.

  1.    Subject of the Addendum

The subject of this Addendum is the Driver’s commitment to any Advance Reservation made by aAn Nisa customer, as accepted by said Driver.

  1.    Obligations on the part of the Driver

2.1.   The Driver shall be at liberty to accept or reject any request for an Advance Reservation.

2.2.   Should the Driver acknowledge acceptance of the Advance Reservation of aAn Nisa customer using the An Nisa Smartphone App, the Driver undertakes to honor the Advance Reservation in line with the customer’s reservation specifications, i.e. receive the customer at the stipulated time and location, and take the latter to the desired destination.

2.3.    Should the Driver be unable to honor the Advance Reservation after having accepted for reasons which are beyond the Driver’s control, the Driver she shall be obligated to cancel the Advance Reservation in via the An Nisa Smartphone App without delay. An Nisa will then offer the Advance Reservation to other Drivers for acceptance. The Driver shall make reasonable efforts to find a replacement Driver to accept the newly offered Advance Reservation.

  1.      Breach

3.1    Should the Driver cancel an Advance Reservation accepted without being obligated to do so based on reasons beyond the Driver’s control, or should the Driver fail to cancel the Advance Reservation without delay, or should the Driver fail, upon cancelling an Advance Reservation, to make every reasonable effort to find a replacement Driver to accept the Advance Reservation, An Nisa shall be entitled to exclude the Driver from being assigned to journeys and/or from being assigned Advance Reservations for any period of time of An Nisa’s choosing, at An Nisa’s sole discretion.

3.2     Should third parties, such as Passengers who have made an Advance Reservation via An Nisa or their affiliated companies, assert any claims to the effect that the Driver has cancelled an accepted Advance Reservation or not carried out the journey of an Advance Reservation, or not have been on time, said Driver shall indemnify, defend and hold An Nisa, its officers, directors, employees, agents, licensors, and suppliers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred by An Nisa as a result of such claim.

  1.      Term and Termination

4.1.   This Addendum shall be effective the date the Driver downloading the app and shall continue indefinitely until terminated or cancelled pursuant to the terms herein under.

4.2.   This Addendum may be terminated by either party in writing at any time without the need for giving reasons, by giving one (1) week’s notice.

4.3.    The agreement shall terminate automatically, without any requirement of notice, (1) if the Driver is no longer authorized to provide transportation, or (2) if the agreement between the Driver and An Nisa pursuant is terminated or cancelled for any reason.

  1.      Miscellaneous

5.1.   Severability. If any part of this Addendum is held to be invalid or unenforceable, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Addendum will continue in effect.

5.2.    Amendments. An Nisa reserves the right to change the terms of this Addendum from time to time. Please refer to the An Nisa website periodically for any changes. By continuing to access or use the Service after An Nisa makes any such changes, the Driver agrees to be bound by the revised terms of this Addendum.

5.3.    Entirety. This Addendum shall constitute the complete and exclusive agreement between An Nisa and the Driver with respect to the subject matter of the Addendum. The use of the An Nisa Smartphone App for obtaining Advance Reservations is expressly made conditional on the Driver’s consent to the Terms of this Addendum.

5.4.   No Waiver. The failure of An Nisa to enforce any right or provision of the terms of this Addendum will not be deemed a waiver of such right or provision. 

5.5.  Force Majeure. Neither party shall be liable for any failure to perform its obligations under the terms of this Addendum where such failure is as a result of acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service.

5.6.  Governing Law. The parties agree that the terms of this Addendum and any claims hereunder shall be governed by and subject to the Laws of Kenya.  

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