Terms and Conditions

Welcome to VBEX.

These Terms & Conditions ("Terms") govern your access to and use of VBEX's website, mobile applications, customer and merchant portals, rider applications and any other digital platforms or services operated by VBEX (collectively referred to as the "Platform"), as well as all courier, delivery, dispatch, logistics and related services offered by VBEX Courier Limited ("VBEX", "we", "our" or "us").

VBEX is committed to conducting its business in compliance with the laws and regulations of Kenya, including but not limited to the Constitution of Kenya, 2010, the Data Protection Act, 2019, the Consumer Protection Act, 2012, the Kenya Information and Communications Act, the Computer Misuse and Cybercrimes Act, 2018, and any other laws, regulations or guidelines applicable to courier, logistics, electronic commerce and digital service providers.

By accessing, registering for or using the Platform or any of our Services, you confirm that you have read, understood and agreed to be bound by these Terms, our Privacy Policy and any other policies, guidelines or notices issued by VBEX from time to time.

If you do not agree with these Terms, you must not access or use the Platform or Services.

Where you access or use the Platform or Services on behalf of a company, partnership, government institution or any other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such circumstances, references to "you" or "your" shall include both you and the entity you represent.

You further agree to use the Platform and Services only for lawful purposes and in compliance with all applicable laws and regulations.

VBEX may review and update these Terms from time to time to reflect changes in applicable laws, technology, business operations or the Services we provide. Any amendments shall take effect upon publication on the Platform or on such later date as may be specified. Your continued use of the Platform or Services after such publication shall constitute your acceptance of the revised Terms.

These Terms constitute a legally binding agreement between you and VBEX Courier Limited and shall be governed by and construed in accordance with the laws of Kenya.

Nothing in these Terms shall limit or exclude any rights or obligations that cannot lawfully be limited or excluded under applicable Kenyan law.

In these Terms & Conditions, unless the context otherwise requires, the following terms shall have the meanings assigned to them below:

• "Account" means a registered user account created to access or use the Platform and Services.
• "Applicable Law" means the Constitution of Kenya, 2010 and all applicable laws, statutes, regulations, rules, guidelines and judicial decisions in force in Kenya from time to time.
• "Customer" means any individual, business, institution or other legal entity that accesses the Platform or uses the Services offered by VBEX.
• "Delivery" means the collection, transportation and successful handover of a Shipment to the designated recipient or authorized person.
• "Force Majeure Event" means any event or circumstance beyond the reasonable control of VBEX, including but not limited to acts of God, floods, droughts, fires, epidemics, pandemics, acts of terrorism, civil unrest, strikes, riots, government actions, internet outages, power failures or disruptions to transport and communication networks.
• "Merchant" means any business, retailer, e-commerce seller or other commercial entity that uses the Platform or Services to sell, dispatch or deliver goods to customers.
• "Platform" means VBEX's website, mobile applications, customer and merchant portals, rider applications, APIs and any other digital channels, systems or technologies operated or made available by VBEX.
• "Privacy Policy" means the VBEX Privacy Policy as may be amended from time to time, setting out how VBEX collects, processes, stores, shares and protects personal data in accordance with applicable law.
• "Proof of Delivery" or "POD" means any evidence confirming successful delivery of a Shipment, including but not limited to recipient signature, digital acknowledgement, one-time password (OTP) confirmation, timestamp, geolocation records, photographs or any other electronic or physical confirmation accepted by VBEX.
• "Prohibited Items" means goods or materials that VBEX does not accept for transportation, including but not limited to illegal goods, hazardous substances, explosives, firearms, narcotics, counterfeit goods, live animals and any items prohibited under Applicable Law or VBEX policies.
• "Rider" means a person engaged by VBEX, whether as an employee, agent, contractor or through an approved third party, to collect, transport or deliver Shipments.
• "Services" means all courier, dispatch, delivery, logistics and related services offered by VBEX, including technology-enabled services accessible through the Platform.
• "Shipment" means any parcel, package, document, goods or item accepted by VBEX for transportation and delivery.
• "User", "you" or "your" means any individual or entity accessing or using the Platform or Services.
• "VBEX", "we", "our" or "us" means VBEX Courier Limited, a company duly incorporated in Kenya, together with its successors and permitted assigns.

Words importing the singular shall include the plural and vice versa, words importing one gender shall include all genders and references to persons shall include individuals, companies, partnerships, government agencies and other legal entities, unless the context requires otherwise.

Headings are inserted for convenience only and shall not affect the interpretation of these Terms.

3.1 Eligibility

You may access or use the Platform and Services only if you:

• a) are at least eighteen (18) years of age and have the legal capacity to enter into binding agreements;
• b) provide accurate and up-to-date information; and
• c) comply with these Terms and all Applicable Laws.

Where you act on behalf of a company, partnership, government institution or other legal entity, you confirm that you have the authority to bind such entity to these Terms.

3.2 User Accounts

Certain Services may require you to create an Account.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted through your Account. You agree to promptly notify VBEX of any unauthorized access or suspected security breach.

VBEX may require you to provide information or documentation for identification, verification, fraud prevention or regulatory compliance purposes, including but not limited to identification documents, business registration documents and contact details.

3.3 Suspension or Termination

VBEX reserves the right to suspend, restrict or terminate your Account or access to the Platform and Services where:

• a) you breach these Terms;
• b) you provide false, inaccurate or misleading information;
• c) you engage in unlawful, fraudulent or prohibited activities; or
• d) such action is necessary to comply with Applicable Law or to protect the security, integrity or reputation of VBEX, its customers or partners.

Where practicable, VBEX shall notify you of such suspension or termination.

3.4 Right to Refuse Service

VBEX reserves the right to refuse or discontinue any Service where the requested Service is unlawful, involves Prohibited Items, poses a security or operational risk, or otherwise contravenes these Terms or Applicable Law.

VBEX provides technology-enabled courier, dispatch, delivery and logistics services to individuals, businesses, merchants, corporates, government institutions and other organizations.

Our Services include, but are not limited to:

• a) Corporate courier services;
• b) Merchant and retail logistics;
• c) Legal and court document delivery;
• d) Government dispatch services;
• e) Last-mile delivery services;
• f) Dedicated delivery services; and
• g) Technology-enabled services such as shipment tracking, digital proof of delivery and customer account management.

VBEX may introduce, modify, suspend or discontinue any Service from time to time in response to customer needs, technological advancements, operational requirements or changes in Applicable Law.

The availability of Services may vary depending on location, operating hours, weather conditions, security considerations, regulatory requirements and other factors beyond VBEX's reasonable control.

While VBEX endeavours to provide reliable and timely Services, delivery timelines provided on the Platform are estimates only and do not constitute a guarantee unless expressly agreed in writing.

To request a Service, you may place an order through the Platform or any other channel approved by VBEX.

You are responsible for providing accurate and complete information relating to the Shipment, including:

• a) pickup and delivery addresses;
• b) sender and recipient details;
• c) the nature, weight and dimensions of the Shipment; and
• d) any special handling instructions.

You warrant that all information provided is true, accurate and complete and that the Shipment complies with these Terms and Applicable Law.

VBEX shall make reasonable efforts to collect and deliver Shipments within the estimated timelines communicated to you. However, delivery times are estimates only and may be affected by traffic conditions, weather, security concerns, public holidays, regulatory requirements or other circumstances beyond VBEX's reasonable control.

A Shipment shall be deemed delivered when it is handed over to the designated recipient, an authorized representative, or where applicable, upon confirmation through digital proof of delivery, including a signature, one-time password (OTP), electronic acknowledgement, geolocation record or any other delivery confirmation method adopted by VBEX.

If delivery cannot be completed due to incorrect information, recipient unavailability or any other reason attributable to you or the recipient, VBEX may make additional delivery attempts or return the Shipment to the sender, subject to applicable charges.

Customers are responsible for ensuring that all Shipments are properly packaged, accurately described and suitable for transportation.

By submitting a Shipment to VBEX, you warrant that:

• a) you are the lawful owner of the Shipment or are authorized to send it;
• b) the information provided relating to the Shipment is true, accurate and complete;
• c) the Shipment does not contain any Prohibited Items or materials restricted under Applicable Law; and
• d) the Shipment is packaged appropriately to withstand normal handling and transportation.

VBEX reserves the right to refuse, inspect or decline to transport any Shipment that is improperly packaged, incorrectly declared, unsafe, unlawful or otherwise unsuitable for transportation.

The Customer shall remain responsible for any loss, damage, delay, liability or expense arising from inaccurate shipment information, inadequate packaging or non-compliance with these Terms or Applicable Law.

Where permitted by Applicable Law, VBEX may open or inspect a Shipment where it reasonably believes that such inspection is necessary for safety, security, regulatory compliance or the protection of its customers, employees or business operations.

VBEX does not accept for transportation any Shipment that is unlawful, dangerous or prohibited under Applicable Law. Prohibited Items include, but are not limited to:

• Firearms, ammunition and weapons
• Explosives and fireworks
• Flammable, corrosive, toxic or hazardous materials
• Narcotic drugs, psychotropic substances and controlled substances
• Counterfeit, stolen or illegally obtained goods
• Live animals and animal remains
• Human remains or biological specimens
• Currency, negotiable instruments, securities and precious metals unless expressly accepted
• Pornographic or obscene materials prohibited by law
• Illegal wildlife products and endangered species products
• Alcohol, tobacco, nicotine or vaping products where prohibited by law or regulatory requirements
• Goods requiring special permits, licences or handling that have not been disclosed to VBEX
• Any item prohibited under Kenyan law
• Any item that may endanger persons, property, vehicles or VBEX operations

VBEX reserves the right, where permitted by Applicable Law, to refuse, inspect, detain or report any Shipment suspected to contain Prohibited Items or to otherwise pose a legal, safety or security risk.

The Customer shall be solely responsible for any loss, damage, liability or expense arising from the shipment of Prohibited Items and shall indemnify VBEX against any claims or actions arising therefrom.

The fees payable for the Services shall be based on VBEX's prevailing rates, which may vary depending on factors such as the type of Service, distance, weight, dimensions, urgency and destination of the Shipment.

All prices displayed on the Platform are in Kenya Shillings (KES) and are inclusive of applicable taxes unless otherwise stated.

Payment shall be made through the payment methods approved by VBEX, including mobile money, bank transfers, payment cards or any other payment channels made available on the Platform.

VBEX reserves the right to revise its pricing from time to time. Any revised pricing shall apply to Services requested after the effective date of such revision.

Where payment is not received when due, VBEX may suspend or decline to provide the Services until payment is made in full.

A Customer may cancel a Service request before a Shipment has been collected, subject to any applicable cancellation charges communicated by VBEX.

Once a Shipment has been collected, cancellation may not be possible and the applicable Service charges may remain payable.

Where VBEX is unable to provide the Service due to reasons attributable to VBEX, the Customer may be entitled to a refund or credit in accordance with VBEX's Refund and Cancellation Policy.

Refunds, where applicable, shall be processed through the original payment method or any other method determined by VBEX and permitted by Applicable Law.

Nothing in this section shall limit any rights or remedies available to Customers under the Consumer Protection Act, 2012 or any other Applicable Law.

VBEX respects your right to privacy and is committed to protecting your personal data in accordance with the Constitution of Kenya, the Data Protection Act, 2019 and all other Applicable Laws.

In providing the Services, VBEX may collect, process, store and share personal data necessary for purposes including account creation, order processing, payment processing, shipment tracking, customer support, fraud prevention and regulatory compliance.

VBEX shall implement appropriate technical and organizational measures to safeguard personal data against unauthorized access, loss, misuse, disclosure or destruction.

By using the Platform or Services, you consent to the collection and processing of your personal data as described in these Terms and in the VBEX Privacy Policy.

You have the right to access, correct, update or request deletion of your personal data, subject to Applicable Law.

For more information on how VBEX processes personal data and the rights available to you, please refer to the VBEX Privacy Policy.

VBEX shall exercise reasonable care and skill in providing the Services. However, to the fullest extent permitted by Applicable Law, VBEX shall not be liable for any indirect, incidental, consequential or special loss or damage, including loss of profits, business, revenue, goodwill or anticipated savings.

VBEX shall not be liable for any loss, damage or delay arising from:

• a) incorrect or incomplete information provided by the Customer;
• b) inadequate packaging of a Shipment;
• c) the nature or condition of the Shipment;
• d) acts or omissions of the sender, recipient or third parties; or
• e) events beyond VBEX's reasonable control, including Force Majeure Events.

Where VBEX is found liable for any loss or damage, compensation shall be determined in accordance with the VBEX Damage, Loss and Compensation Policy, provided that VBEX's liability shall not exceed the amount paid for the relevant Service unless otherwise expressly agreed in writing.

Nothing in this clause shall require VBEX to compensate any loss, damage or claim excluded under these Terms, the applicable Merchant Agreement or the VBEX Damage, Loss and Compensation Policy.

VBEX is committed to providing reliable and responsive customer service.

Customers are encouraged to report any claim, complaint or service concern relating to loss, damage, delay or any other issue through VBEX's official customer support channels as soon as reasonably practicable.

Where necessary, VBEX may require supporting information, including the shipment number, proof of payment, proof of value or any other relevant documentation to facilitate investigation of the claim.

VBEX shall review and respond to claims and complaints within a reasonable time and in accordance with its Complaints and Escalation Procedure.

Nothing in this section shall limit any rights or remedies available to Customers under Applicable Law.

All intellectual property rights in the Platform and Services, including the VBEX name, logo, trademarks, software, mobile applications, website content, graphics, text, designs and other materials, are owned by or licensed to VBEX and are protected under Applicable Law.

Nothing in these Terms grants you any ownership rights in the Platform, Services or any intellectual property belonging to VBEX.

You may not copy, reproduce, modify, distribute, reverse engineer, sell or otherwise exploit any part of the Platform or Services without the prior written consent of VBEX, except as permitted by Applicable Law.

You retain ownership of any content or information you submit to VBEX. However, you grant VBEX a non-exclusive right to use such content solely for the purpose of providing and improving the Services and complying with Applicable Law.

VBEX shall not be liable for any delay, interruption or failure to perform its obligations under these Terms where such delay, interruption or failure arises from events beyond its reasonable control.

Such events may include, but are not limited to, natural disasters, floods, fires, epidemics, pandemics, strikes, civil unrest, acts of terrorism, government actions, internet or telecommunications failures, power outages, disruptions to transport networks or any other Force Majeure Event.

VBEX shall use reasonable efforts to minimize the impact of such events and resume normal operations as soon as practicable.

Nothing in this section shall limit any rights or remedies available to Customers under Applicable Law.

VBEX reserves the right to suspend, restrict or terminate your access to the Platform or Services where:

• a) you breach these Terms;
• b) you provide false, inaccurate or misleading information;
• c) you engage in unlawful, fraudulent or prohibited activities;
• d) your use of the Platform poses a security, operational or reputational risk to VBEX or other users; or
• e) such action is required under Applicable Law or by a competent regulatory or judicial authority.

Where reasonably practicable, VBEX shall notify you of any suspension or termination and the reasons for such action.

You may discontinue your use of the Platform or close your Account at any time, subject to the settlement of any outstanding obligations.

Suspension or termination shall not affect any rights, obligations or liabilities accrued prior to the date of suspension or termination.

These Terms shall be governed by and construed in accordance with the laws of Kenya.

VBEX is committed to resolving disputes fairly, efficiently and in good faith. Where a dispute arises in connection with the Platform or Services, the parties shall endeavour to resolve the matter amicably through consultation and engagement in the first instance.

Where a dispute cannot be resolved amicably within a reasonable period, either party may refer the matter to a court of competent jurisdiction in Kenya.

Nothing in this section shall limit the right of a Customer to seek redress from any regulatory authority or tribunal established under Applicable Law, including rights available under consumer protection and data protection laws.

If you have any questions, concerns or complaints regarding these Terms or the Services, please contact us through:

VBEX Courier Limited

• Address: PCEA Flats, Hurlingham, Jabavu Road, Nairobi, Kenya
• P.O. Box 63039 – 00100, Nairobi, Kenya
• Telephone: +254 716 990 000
• Email: info@vber.co.ke
• Website: www.vber.co.ke

Moving What Matters.