This agreement is between you (“You,” “Your,” “Independent Contractor,” “Driver”) and MWENDO DELIVERY Limited (“Company”, “MWENDO DELIVERY”, “we”, “us”). When You work with us before or after downloading the “MWENDO DELIVERY” App on smart phone or any other device, you accept and agree to all the terms and conditions stated in this agreement and You are legally bound by all requirements.
Our Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law in Kenya. You must be over the age of 18, and have lawful citizenship or eligibility to perform work in Kenya. By working with us or using the Platform, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
Your relationship with MWENDO DELIVERY will be that of an Independent Contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship. No part of Your compensation will be subject to withholding by MWENDO DELIVERY for the payment of any social security, federal, state, or any other employee payroll taxes. You are responsible for all personal tax and compliance matters related to becoming a partner to MWENDO DELIVERY as a driver or related to the use of MWENDO DELIVERY’s software technology Platform.
MWENDO DELIVERY is engaging You only in the capacity of an independent contractor, and not as an employee, and Your vehicle to perform on-demand and scheduled point-to-point delivery services for businesses and consumers. You will get orders from us or you will use the MWENDO DELIVERY Platform on Your smart phone as follows: When You are ready and able to engage in independent contractor services for MWENDO DELIVERY, you will indicate that You are available by a phone call or by using the MWENDO DELIVERY Driver application. When a customer run is accepted on the Platform, if You are the closest available resource, you will receive a call or notification. You are expected to accept runs that are presented to You. Once assigned, you will arrive at customer’s pick up location as soon as reasonably possible while always adhering to all traffic laws and safe driving practices. You will assist in loading and securement of the customer’s goods. You are expected to own a set of securement devices as described herein. You further agree that You will not use Your smart phone while You are engaged in the operation of Your pick-up and/or while Your pick-up is moving.
You shall and agree to advise MWENDO DELIVERY of all accidents, injuries, delivery item or cargo loss and/or damage or similar incidents and/or occurrences, no matter how minor, involving You and/or Your pick-up while engaged in independent contractor services for MWENDO DELIVERY. You further agree this notification shall take place within thirty (30) minutes of such incidents or as soon as You are safely able to communicate with MWENDO DELIVERY.
We do not procure insurance for, nor are we responsible for, personal belongings left in your vehicle by Driver(s) or Customer(s). You agree to only operate the vehicle approved by the insurance company and will not drive a substitute vehicle without carrier’s prior approval. You agree to maintain my automobile insurance (including coverage for Bodily Injury, Property Damage and Personal Liability) AT ALL TIMES while using your vehicle for delivery. You understand that your insurance is responsible if you are involved in an accident that causes injury or damage to another person and/or their property. You aware that some insurance companies attach a “Delivery Exclusion” on their auto policies and if you sign this exclusion you will have no insurance while you use your vehicle for delivery. You should contact your insurance provider to ensure that you have adequate coverage for your vehicle performing services as an independent contractor.
The Service Revenue to be paid to the Independent Contractor will be outlined in the Service Revenue Schedule.
For purposes of this Agreement, Confidential Information shall mean any information or data disclosed by MWENDO DELIVERY to You including, without limitation, any inventions, disclosures, processes, systems, methods, formulae, devices, patents, copyrights, trademarks, intellectual properties, proprietary compilations/programs/techniques, designs, research & development work, specifications, computer programs, source codes, costs or prices or other financial data, sales and profits, promotions, marketing plans, lists of customers or personnel or suppliers, business plans or activities or forecasts of same, or financial statements that either derive independent economic value, actual or potential, for not being generally known to the public or to other persons, or are the subject of efforts to maintain their secrecy.
As part of Your independent contractor relationship with MWENDO DELIVERY, You may be granted access to MWENDO DELIVERY’s confidential information. You agree that You will not produce, use, distribute, disclose or otherwise disseminate MWENDO DELIVERY Confidential Information, and shall take any and all reasonable actions necessary to prevent any Confidential Information disclosed to You from losing its classification as Confidential Information. You further agree not to disclose such confidential information to anyone. You shall use the Confidential Information solely for the purpose of the development of business of mutual interest between You and MWENDO DELIVERY. You shall not remove Confidential Information from MWENDO DELIVERY except as expressly permitted in writing by MWENDO DELIVERY.
All Confidential Information, and derivations thereof, shall remain the sole and exclusive property of MWENDO DELIVERY, and no license, or other right, is granted or implied hereby. You acknowledge that neither MWENDO DELIVERY, nor any of MWENDO DELIVERY’s affiliates, makes, or has made, any express or implied representation or warranty as to the accuracy or completeness of any shared Confidential Information, and MWENDO DELIVERY hereby expressly disclaims any and all liability that may be based on the Confidential Information, errors therein, or omissions therefrom. You agree and acknowledge that You may not, and will not, rely solely on the Confidential Information in making any decisions with respect to furthering Your relationship with the MWENDO DELIVERY.
This agreement continues unless terminated explicitly by either party. MWENDO DELIVERY retains the right to terminate this agreement at will and for any reason, or no reason. Other reasons for termination are material breaches of this agreement and include but are not excluded to:
Termination by either party shall be done in writing. Termination requires You to discontinue use of Platform and services related to MWENDO DELIVERY business and You will uninstall all software from any and all devices You have used to perform services. You agree You will still be bound by this agreement in the event of termination by either party.
Your Vehicle: By presenting your documents or accessing the Platform and services, You agree that You are an authorized driver of a motorcycle, car, pickup or truck with the following attributes:
Smart Phone: You must possess or be able to independently utilize a smart phone while on the Platform that is capable of adequately supporting the Platform. Smart phone and data requirements may be found in the MWENDO DELIVERY Hardware and Software Requirements Addendum.
There are a number of prohibitions for the use of MWENDO DELIVERY services. The following cases are specifically prohibited:
MWENDO DELIVERY will capture and use various aspects of Your personal information. MWENDO DELIVERY has a high standard for drivers, so You are required to pass an initial qualification that includes a background check, driver history, and motor vehicle report. These reports may also be updated on a periodic basis. We may also capture and store location information about You and Your vehicle. Your information may be provided to third parties as required for MWENDO DELIVERY business purposes, such as informational requirements. MWENDO DELIVERY will use best efforts to contain Your personal information.
This agreement is between You and MWENDO DELIVERY, You may not transfer or assign Your rights to another person or entity. You agree that You will be the only driver using Your vehicle while using MWENDO DELIVERY services or its Platform and for the purposes of generating income and growing the collective business of MWENDO DELIVERY.
You agree that You will not circumvent MWENDO DELIVERY in the use of Your vehicle to create competitive business dealings with potential customers/suppliers, or other prospective team partners. Customers or contacts derived from Your use of the MWENDO DELIVERY services or technology platform are the property of MWENDO DELIVERY and may not be used to generate business that does not use the MWENDO DELIVERY technology platform and its services.
You agree to use good housekeeping practices for Your vehicle. You will provide a clean, tidy vehicle as the first step in projecting a positive image to customers and the motoring public. Safety is Your first concern and You should reject any item that cannot be safely placed and secured in Your vehicle.
You are ultimately responsible for the proper loading and securement of any item in Your vehicle. You agree to properly distribute and secure delivery items / cargo, and that You have sufficient securement devices.
You agree to inspect the load and devices to secure the load prior to beginning trip. You agree that You have clear visibility on all sides of the vehicle. You agree that You have free movement of Your arms and legs while driving.
You agree to use extreme caution and care with customer items in your vehicle. You agree to reject any object or run that You cannot safely or securely transport in your vehicle.
This agreement continues unless terminated explicitly by either party. MWENDO DELIVERY retains the right to terminate this agreement at will and for any reason, or no reason. Other reasons for termination are material breaches of this agreement and include but are not excluded to:
Termination by either party shall be done in writing. Termination requires You to discontinue use of Platform and services related to MWENDO DELIVERY business and You will uninstall all software from any and all devices You have used to perform services. You agree You will still be bound by this agreement in the event of termination by either party.
This Agreement shall be governed in all respects by the laws of Kenya. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the courts located in Nairobi, as applicable, for any matter arising out of or relating to this Agreement.
Any dispute arising under this agreement or relating to any independent contractor work performed hereunder shall be determined by binding arbitration under the Kenyan Arbitration Act. The parties to this contract shall conduct arbitration pursuant to the provisions of Kenya Arbitration. No attorney’s fees shall be awarded to either party in any arbitration proceeding. The parties to this agreement concur that all potential disputes regarding any matter contemplated by this agreement, and all matters that in any way relate to all provisions of this agreement, shall be resolved by binding arbitration pursuant to the courts in Nairobi.
If any provision of this Agreement is held by a court of law to be illegal, invalid, or unenforceable, (a) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (b) the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Your relationship with MWENDO DELIVERY is that of Independent Contractor. Together we are working to build a business that will be beneficial to both drivers and MWENDO DELIVERY. Important to the success of the business is the customer perception of the service provision. While You are using the Platform and performing services for MWENDO DELIVERY.
When performing services with or without using the platform, you should be dressed neatly, preferably with a clean, collared shirt and clean pants. Shoes should be close-toed for safety. When interacting with customers, no smoking or using tobacco products. Politeness and courtesy should be Your attitude.
When handling customer’s goods, treat them with extreme care and caution, practice good personal safety and ensure all goods are securely fastened and will not move during transport. You agree to drive only at speeds reasonable and prudent for road conditions and the customer’s goods loaded in Your vehicle and in accordance with all applicable traffic laws and safe driving practices.
Driver’s Signature: __________________________
MWENDO DELIVERY: __________________________