Terms & Conditions

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Terms and Conditions in force from 18 March 2026

1. Purpose and scope

These Terms and Conditions govern access to and use of the Mwenzako platform, which is operated by Maraton Profii Limited (“Mwenzako”, “we”, “us”, or “our”).

Mwenzako provides an online platform through which users may:

• publish and browse carpooling trips;
• connect drivers travelling to a destination with passengers heading in the same direction;
• reserve or request seats on listed trips;
• manage bookings, trip participation, and related communications; and
• where applicable, access transport listings or booking functionality for third-party bus operators.

These Terms define the rules that apply to all visitors, users, account holders, drivers, passengers, and other persons using the platform or any related services.

By creating an account, logging in, publishing a trip, requesting or making a booking, sending content through the platform, or otherwise using Mwenzako, you confirm that you have read, understood, and agreed to be bound by these Terms.

You also acknowledge that Mwenzako acts as a platform and intermediary service. Unless expressly stated otherwise for a specific service, Mwenzako is not a party to the transport arrangement entered into between a driver and a passenger, and does not itself provide the transport for trips posted by members.

2. Definitions

For the purposes of these Terms, the following meanings apply:

“Account” means the personal account created on the platform in order to access member-only services.

“Advert” means any trip listing, notice, or publication placed on the platform by a driver or operator.

“Additional Payment” means any extra amount that may be agreed through the platform in relation to a special request connected with a trip, where that feature is offered.

“Booking” means the reservation or request for one or more seats on a listed trip through the platform.

“Booking Confirmation” means the message or status confirming that a booking has been accepted or completed.

“Bus Advert” means a listing relating to a bus trip made available on the platform.

“Bus Operator” means a transport operator or company that offers bus services or bus seats through the platform.

“Bus Trip” means a journey operated by a Bus Operator and listed through the platform.

“Carpooling Advert” means a listing published by a driver offering seats in a vehicle for a shared trip.

“Carpooling Trip” means the journey described in a Carpooling Advert for which a driver offers seats to passengers in exchange for a contribution toward costs.

“Cost Contribution” means the amount requested by a driver from a passenger to contribute toward the costs of a Carpooling Trip.

“Customer” means a person who purchases or books a seat, whether for themselves or for another named passenger.

“Driver” means a member who offers a trip or seats in a vehicle through the platform.

“Leg” means a segment of a trip between two agreed places or stops.

“Member” means any person who has created an Account on the platform.

“Member Content” means any content posted, uploaded, submitted, shared, or transmitted by a member through the platform, including profile details, messages, reviews, photos, and trip information.

“Order” means a booking transaction for transport-related services where such functionality is made available on the platform.

“Passenger” means a member or other named traveller occupying or intending to occupy a booked seat on a trip.

“Platform” means the Mwenzako website, related pages, features, interfaces, and any associated mobile or digital service we operate.

“Price” means the total amount payable for a seat or transport service listed on the platform.

“Seat” means one place available for a passenger on a listed trip.

“Service Fee” means any booking fee, platform fee, commission, or other service-related fee that Mwenzako may charge.

“Services” means all features, functionalities, tools, and services provided by Mwenzako through the platform.

“Trip” means a Carpooling Trip, Bus Trip, or any other eligible transport listing offered through the platform.

“Terms” or “T&Cs” means these Terms and Conditions.

“Website” means the Mwenzako site and its associated pages.

3. Registration and account creation

3.1 Eligibility

The platform may only be used by persons who are at least 18 years old and who are legally capable of entering into binding agreements. By accessing or using the platform, you confirm that you meet these conditions.

Registration by minors is not permitted. If we become aware that an account has been created by, or is being used on behalf of, a person under 18 in breach of these Terms, we may suspend or delete that account.

3.2 Account creation

Some information on the platform may be visible without registration. However, you must create an Account in order to publish a trip, request or confirm a booking, access trip management tools, or use other restricted features.

When you create an Account, you agree to provide information that is complete, accurate, and truthful. You also agree to keep your information up to date throughout your use of the platform.

You are responsible for keeping your login details secure. You must not share your password or allow another person to access or use your Account unless the platform expressly allows that use.

Unless authorised by Mwenzako, you may not create multiple accounts for yourself, impersonate another person, or create an account under a false identity.

If you suspect unauthorised use of your Account, lost credentials, or a security issue, you must notify us without delay.

3.3 Verification

To promote trust, safety, transparency, fraud prevention, and platform integrity, Mwenzako may implement verification procedures. These may include checks relating to your phone number, identity information, or other profile data.

Any verification badge, mark, or “verified” indication simply shows that a particular verification process available on the platform has been completed. It does not amount to a guarantee by Mwenzako that all information provided by a member is accurate, lawful, complete, or reliable in every respect.

4. Use of the Services

4.1 Posting trip adverts

Members may post Carpooling Adverts by entering details about a planned journey, such as route, departure point, destination, timing, available seats, vehicle, preferences, and the requested Cost Contribution.

A driver may also specify intermediate stops, pickup points, or drop-off points. The route may therefore include one or more Legs.

You may only post a Carpooling Advert if all of the following apply:

• you hold a valid driving licence required by applicable law;
• you are authorised to use the vehicle for the journey;
• you remain the principal driver for the trip;
• the vehicle has valid insurance and is legally usable on the road;
• the vehicle is safe, roadworthy, and compliant with applicable laws and regulations;
• you do not offer more seats than are genuinely available;
• all seats offered are legally usable and meet applicable passenger safety rules;
• the advert relates to a genuine trip you intend to make;
• you do not use the carpooling feature as an undeclared professional passenger transport business.

You are solely responsible for the information in the advert you publish and for ensuring that the trip, if undertaken, matches the terms you described.

Mwenzako may refuse to publish, limit visibility of, edit presentation of, remove, or disable any advert that breaches these Terms, applicable law, trust and safety requirements, or the proper functioning of the platform.

4.2 Booking a seat

Mwenzako provides booking functionality for certain trips. The booking process may vary depending on the nature of the trip and the settings selected by the driver or operator.

The platform may provide search and filter tools based on departure point, destination, date, traveller count, and other criteria. Users remain responsible for reviewing listings carefully and choosing an offer that suits their needs.

4.2.1 Carpooling Trip bookings

Where booking is available for a Carpooling Trip, a passenger may submit a booking request. The request may be accepted automatically if the driver has enabled instant approval, or manually if the driver must review the request first.

When required by the booking flow, payment of the Cost Contribution and any related Service Fee may be collected at booking stage. A Booking Confirmation is issued once the booking is confirmed under the applicable process.

Where manual approval applies, the driver must respond within the timeframe specified by the platform. If no response is given in time, the request may expire automatically.

Contact details may be disclosed after a booking is confirmed, where appropriate under the platform rules and where necessary to enable organisation of the trip.

4.2.2 Bus Trip bookings

For Bus Trips, the platform may allow users to search for and reserve seats offered by third-party Bus Operators. The transport service itself is provided by the relevant Bus Operator, not by Mwenzako, unless explicitly stated otherwise.

The relevant operator’s own booking, transport, cancellation, and carriage rules may also apply to the customer or passenger. It is the user’s responsibility to review those additional rules where they are presented.

Certain transport services may be altered, withdrawn, delayed, suspended, or unavailable due to operational issues, weather, force majeure, seasonal demand, or decisions made by the transport operator.

4.2.3 Named bookings and booking on behalf of others

Use of the Services is personal. The identity of the passenger or driver must correspond to the information provided through the platform.

Where the platform allows a booking to be made for another person, you must provide accurate details for the actual traveller. You are responsible for ensuring that the person for whom you book complies with these Terms and any relevant trip rules.

The platform is intended for passenger transport bookings. It must not be used to arrange the transport of packages, goods, prohibited items, unattended animals, or other items not permitted by the driver, operator, or law.

Unless expressly authorised, you may not publish a trip advert on behalf of another driver.

4.3 Reviews, moderation, and member content

4.3.1 Review system

Mwenzako may allow members to rate and review one another following a trip or following an accepted booking where such feedback is relevant to the service. Reviews may only be left by users with a genuine trip or booking connection.

You may not leave a review about a person with whom you did not actually travel, or were not expected to travel, through a valid platform interaction.

Reviews and responses may be published immediately, delayed, or made visible according to the platform’s moderation and publication logic.

4.3.2 Moderation of content and messages

Mwenzako may moderate Member Content either before publication or after publication, using automated tools, manual review, or a combination of both.

This may include adverts, reviews, comments, profile details, uploaded content, and messages exchanged through the platform.

We may act where content appears to breach the law, these Terms, trust and safety standards, anti-fraud requirements, or the intended purpose of the platform.

In such cases, Mwenzako may remove or prevent publication of content, issue warnings, restrict certain features, or suspend the related account.

Messages exchanged through the platform are intended only for genuine trip-related coordination and lawful platform use. We may use automated systems to detect fraud indicators, attempts to move transactions off-platform, prohibited content, or other misuse.

4.3.3 Limits tied to ratings or conduct

Mwenzako may suspend, restrict, or terminate access where repeated negative ratings, complaints, safety incidents, policy breaches, or other trust and safety indicators justify intervention.

4.4 Additional payments and negotiated trip variations

Where the platform offers that functionality, a passenger may request an Additional Payment through platform tools in relation to a special request connected to a Carpooling Trip, such as a reasonable detour or agreed variation.

Any such feature, where available, must remain consistent with the non-commercial cost-sharing nature of carpooling. Mwenzako may set limits or controls on these payments.

Drivers acknowledge that a Cost Contribution together with any Additional Payment must not convert the trip into a profit-making or professional passenger transport activity unless explicitly authorised by the platform for that category.

5. Financial terms

Access to the platform, account creation, browsing, searching, and the posting of eligible adverts may be free of charge. However, bookings, payment processing, and other services may involve Cost Contributions, Prices, Service Fees, or other stated charges.

5.1 Cost Contribution and Price

For Carpooling Trips, the Cost Contribution is set by the driver under the driver’s own responsibility. The driver must not use the platform to earn unlawful or undeclared profit from cost-sharing trips.

Mwenzako may provide suggested price ranges, technical limits, or pricing rules in order to promote fair use, help prevent abuse, and preserve the non-commercial nature of carpooling.

For Bus Trips or other operator-led transport services, the Price may be set by the relevant Bus Operator or by the pricing rules applicable to that service.

5.2 Service Fees

Mwenzako may charge Service Fees in exchange for use of the platform, booking flow, payment flow, customer support, safety features, or other related services.

Any applicable fee will be shown before a booking or payment is completed, where required.

Mwenzako may revise Service Fees prospectively. Changes will not affect bookings already confirmed before the revised fee structure becomes effective.

5.3 Rounding

For technical, accounting, operational, tax, or display reasons, Mwenzako may round prices, fees, or cost contributions upward or downward to practical decimal values.

5.4 Payment methods and payouts

Payments made through the platform may be processed by third-party payment providers selected by Mwenzako. Available payment options may vary and may include payment card, wallet, mobile money, bank-based solutions, or other authorised methods.

Where driver payouts or other transfers are supported, Mwenzako may require you to provide additional information, including identity details, payout information, date of birth, address, or other compliance data.

Such checks may be required for fraud prevention, anti-money laundering compliance, know-your-customer procedures, or operational security. If the required information is not provided, the transaction or payout may be delayed, suspended, or cancelled.

Independent payment institutions may also take regulatory or compliance decisions of their own. Mwenzako is not responsible for decisions independently made by licensed payment providers acting under their own legal obligations.

6. Non-commercial nature of carpooling use

Unless expressly authorised by Mwenzako for a different service category, the carpooling functions of the platform are intended for non-commercial, non-professional, cost-sharing transport between members.

As a driver using carpooling mode, you agree not to request a Cost Contribution that exceeds what is reasonably connected to the trip and that would amount to unlawful profit.

Mwenzako may suspend, restrict, or terminate an account where trip frequency, pricing behaviour, number of passengers, use of business vehicles, repeated listings, or other indicators suggest professional transport activity, fee circumvention, or misuse of the carpooling service.

7. Cancellation and refunds

7.1 General cancellation principles

Cancellation and refund rules may differ depending on the type of trip, the timing of the cancellation, the payment flow used, and any applicable rules of a third-party transport operator.

For Bus Trips, cancellation or exchange conditions may be governed in full or in part by the rules of the relevant operator.

For Carpooling Trips, unless otherwise stated on the platform, the following general principles apply:

• if the driver cancels, the passenger may be refunded amounts paid for the affected booking;
• if the passenger cancels sufficiently in advance, the Cost Contribution may be refunded in full or in part, while some Service Fees may remain non-refundable;
• if the passenger cancels shortly before departure, partial refund rules may apply;
• if the passenger cancels after the trip start time or fails to appear within a reasonable grace period, there may be no refund;
• where an Additional Payment feature exists, its refund treatment may follow the same logic as the main booking flow unless the platform states otherwise.

Mwenzako may review refund requests based on available trip data, timestamps, booking status, communications, and any other relevant information.

7.2 No general withdrawal right once the service is performed

Once a booking has been confirmed and the platform has fully provided the intermediary or reservation service, there may be no general right of withdrawal except where mandatory law requires otherwise.

8. User conduct and obligations

8.1 Obligations of all users

You are solely responsible for complying with all laws, regulations, and obligations that apply to your use of the platform and to any trip in which you participate.

When using the platform, you agree that you will not:

• use the platform for unlawful, abusive, misleading, fraudulent, or harmful purposes;
• provide false, inaccurate, or deceptive information;
• post, transmit, or share content that is defamatory, hateful, obscene, threatening, violent, discriminatory, sexually explicit, harassing, or otherwise unlawful or inappropriate;
• infringe the rights, privacy, intellectual property, image, or reputation of Mwenzako or any third party;
• open multiple accounts without authorisation or impersonate another person;
• attempt to bypass the platform’s booking, communication, or payment systems in order to move a transaction off-platform contrary to the rules;
• contact another member for purposes unrelated to a genuine trip or lawful platform use;
• make or accept prohibited off-platform payments where the platform rules require on-platform handling;
• use the platform in a way that damages its integrity, safety, security, or intended function.

8.2 Additional obligations of drivers

When acting as a driver, you additionally agree that you will:

• comply with all laws relating to driving, vehicle ownership or use, insurance, roadworthiness, and passenger transport;
• ensure that your vehicle is safe, legal, and appropriate for the trip offered;
• not drive while impaired by alcohol, drugs, fatigue, medical condition, or any other factor affecting safe driving;
• publish adverts only for genuine trips you plan to make;
• respect the essential route, timing, and arrangements described in the advert, subject to reasonable operational changes;
• not carry more passengers than the number of lawful available seats;
• promptly communicate significant delays, changes, or cancellations to affected passengers;
• remain reachable on the contact number associated with your account where necessary for the trip;
• behave responsibly, respectfully, and safely before, during, and after the trip.

8.3 Additional obligations of passengers

When acting as a passenger, you additionally agree that you will:

• behave respectfully and not interfere with the driver’s concentration, vehicle safety, or the comfort of other passengers;
• respect the vehicle, its cleanliness, and the driver’s reasonable rules for the trip;
• notify the driver promptly if you are delayed or unable to attend;
• arrive at the agreed pickup point on time and remain present for a reasonable grace period;
• provide accurate booking and identity information where required;
• not bring prohibited, dangerous, unlawful, or unsuitable items onto the trip;
• remain reachable on the contact details associated with the booking where necessary for the trip.

If you book on behalf of another person where that is permitted, you are responsible for ensuring that the booked traveller also complies with these Terms.

8.4 Reporting illegal or inappropriate content

Users may report content, conduct, messages, adverts, reviews, or profiles that appear illegal, abusive, unsafe, fraudulent, or contrary to these Terms.

After review, Mwenzako may remove the content, restrict access to features, suspend the relevant account, or take any other action reasonably necessary to protect users, the platform, or third parties.

9. Restrictions, suspension, termination, and access limitation

You may stop using the platform and close your Account at any time.

Mwenzako may, with immediate effect where necessary, restrict access, suspend, limit, or terminate your account, remove or disable content, cancel listings, block bookings, or take other safety and enforcement action where:

• you breach these Terms or any applicable platform policy;
• you misuse the platform or its payment or communication flows;
• you engage in fraud, abusive conduct, unsafe behaviour, illegal activity, or fee circumvention;
• your conduct creates risk for the platform, its users, or third parties;
• trust and safety indicators, repeated complaints, or review history justify intervention;
• we are required to do so by law, regulation, court order, or competent authority request.

Where appropriate, Mwenzako may issue a warning, request clarification, or give you an opportunity to respond. However, immediate action may be taken without prior notice where necessary for safety, fraud prevention, legal compliance, or urgent operational reasons.

Suspension may also affect your ability to receive pending payouts or continue existing platform interactions, where that result is necessary to enforce a protective or compliance measure.

10. Personal data

In the course of using the platform, Mwenzako collects and processes personal data as described in our Privacy Policy.

By using the platform, you acknowledge that such processing may take place in accordance with applicable law and that policy.

11. Intellectual property

11.1 Mwenzako content and platform rights

Subject to Member Content and third-party materials lawfully used, Mwenzako owns or is authorised to use all rights relating to the platform and its Services, including software, structure, branding, logos, layouts, design, databases, text, graphics, audio-visual elements, and other protected material.

Mwenzako grants you a limited, revocable, personal, non-exclusive, non-transferable right to use the platform for lawful, personal, and non-commercial purposes in accordance with these Terms.

You must not, without prior written authorisation from Mwenzako:

• copy, reproduce, distribute, adapt, republish, display, or commercially exploit the platform or its protected content beyond permitted use;
• reverse engineer, decompile, or attempt to derive source code except where mandatory law expressly permits this;
• extract, scrape, reuse, or systematically collect substantial parts of platform data or databases by automated means or otherwise.

11.2 Licence over content you submit

In order for Mwenzako to operate, display, store, secure, improve, and provide the Services, you grant us a non-exclusive, worldwide, royalty-free licence for the duration of your contractual relationship with us to host, store, reproduce, display, adapt, translate, and technically process your Member Content to the extent necessary for operating the platform and Services.

This includes, where necessary, the right to:

• store your content on servers, backups, and technical systems used for the platform;
• display and transmit your content through the website and related interfaces;
• adapt formatting or presentation of your content so it can function correctly on different devices, browsers, languages, or layouts.

You remain responsible for the content you upload or submit, and you confirm that you have the necessary rights to publish and share it through the platform.

12. Role of Mwenzako

Mwenzako operates an online mobility and booking platform. It enables members to publish trip adverts, discover available transport options, request or confirm bookings, exchange trip-related information, and manage participation in trips.

For Carpooling Trips, Mwenzako does not own, operate, manage, or supply the vehicles used by members, and is not the transport provider for those trips.

For Bus Trips or other operator-led services, Mwenzako ordinarily acts as a platform or intermediary unless it expressly states that it is the transport provider for a specific service.

You acknowledge that Mwenzako does not control, and cannot guarantee, the legality, truthfulness, quality, punctuality, safety, or actual completion of any trip, listing, driver, passenger, or operator.

To the fullest extent permitted by law, Mwenzako is not liable for:

• incorrect or misleading information supplied by a driver, passenger, or operator;
• trip cancellations, delays, rerouting, or non-performance;
• the conduct of members or third-party operators before, during, or after a trip;
• loss, damage, or misplacement of property left in a vehicle unless mandatory law provides otherwise;
• acts or omissions of payment providers, communication providers, or other independent third parties.

13. Platform operation and availability

Mwenzako aims to keep the platform available on a continuous basis. However, access may be interrupted, limited, or suspended temporarily without prior notice for maintenance, updates, testing, repairs, security concerns, outages, network issues, or other operational reasons.

We also reserve the right to modify, add, suspend, or discontinue any feature, part of the platform, or category of Service at any time, temporarily or permanently.

14. Changes to these Terms

These Terms, together with any documents incorporated by reference, form the full agreement between you and Mwenzako regarding use of the platform and Services.

Mwenzako may revise these Terms from time to time in order to reflect legal developments, operational changes, technical updates, safety improvements, business decisions, or platform evolution.

Updated Terms will be posted on the platform with their effective date. Where appropriate, we may also notify you before the revised version takes effect.

15. Governing law and disputes

These Terms are governed by the laws applicable in Kenya, unless mandatory law requires another outcome for a particular consumer matter.

If a dispute arises in connection with the platform or Services, you agree to contact Mwenzako first in an effort to seek an amicable resolution.

Nothing in these Terms prevents you from raising a complaint before a competent authority or court where you are entitled to do so under applicable law.

15.1 Internal complaints and review

Where Mwenzako removes content, limits visibility, suspends access, or takes another enforcement measure, you may contact us to request clarification or review, subject to the procedures we make available.

15.2 External dispute avenues

Where applicable law provides for mediation, regulatory complaint channels, or other dispute mechanisms, you may also use those channels after first attempting to resolve the issue with Mwenzako directly where required.

16. Contact