Return

RETURN APP LIMITED

RETURN APP TERMS AND CONDITIONS

Please read these Terms and Conditions carefully as they may have significant legal implications for you. Once accepted by you, these Terms constitute a legally binding agreement between you and Return App Limited. If you do not agree to these Terms, in whole or in part, do NOT proceed.

By clicking “I agree” in and at the end of these Terms, or otherwise accessing or using the Platform, you understand and acknowledge that these Terms will constitute a legally binding contract between you and the Company as of the date you click “I agree” or the first date you otherwise use or access the Platform, whichever occurs first (the “Effective Date”) and you expressly agree to be legally bound to the Terms herein as of the Effective Date.

For the avoidance of doubt, your use of the Platform is subject to these Terms as well as the Platform Privacy Policy. The Company reserves all rights not expressly granted herein and may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Platform without notice and liability, if the Company determines, in its sole and absolute discretion that you have violated these Terms in any way.

SUBJECT TO USE BY VEHICLE OWNERS, DRIVERS AND CUSTOMERS

This is a Return App Limited’s document that constitutes a legally binding agreement (“Agreement”) between you (“You” meaning: “Vehicle Owner,” “Driver,” or “Customer”) and Return App’s Overall Operations. This company or its parents, subsidiaries, representatives, affiliates, agents, etcetera. (“Return App” In reference to; “We,” “Us” or “Our”) to all relations between Return App and the Users related to the use of Return App Platform (defined below) and Motor Vehicle Cargo Services (defined below). By accepting this Agreement, the User agrees to consent and accept the software application’s service or functions against the Agreement’s directives and all of its contents.

The following documents are binding and incorporated by reference into this Agreement:

The applicable prices, additional fees, penalties, and any other price information and applicable charges as displayed on the Return App and/or Our Website
Instructions, manuals (including how to use the Motor Vehicle), and any other guidelines displayed on Return App and/or Our website
Other business, vehicle categories and product terms referred to in this Agreement, including service descriptions, policies and notices, including Our Driver or Passenger Privacy Policy (“Privacy Policy”) that is made available on Return App or at the website which shall apply respectively to the processing of your personal data in connection with the use of the motor vehicle transit services.
The specific country where the transit good is taken will automatically have relevant legal laws apply.

NB [NOTE THAT]:

As our services evolve and the impact of technological change, we may amend this Agreement at any time in order to ensure the security and operability of our services, implement updates, comply with legal obligations or ensure commercial viability of our services. Amendments will be effective upon posting of the amended Agreement or its supplemental terms on Our website or Return App. Your continued use of Motor Vehicle Transit Services after such posting constitutes Your consent to be bound by the Agreement as amended. We reserve the right to notify You about amendments via Return App messaging section, contact information connected to Your Account or in any other reasonable way that deems fit.

Definitions

“Account” - access to Return App and/or website containing information and documents regarding usage of the Return App transit services in course of provision of Motor Vehicle Transit Services, including accounting documentation.
“Motor Vehicle Transit Services” – Return App operates the ‘return’ transport concept, which means that Return App links drivers with customers on their return journey. These motor Vehicles are subject to availability, to User with a valid driving license of the respective category of the Motor Vehicle for the Period of Use and within a defined service area subject to terms and conditions of this Agreement which the User must accept in order to use the service.
“Return App” – is a smartphone application that serves, apropos, an access medium through Return App software Platform for reserving and renting Motor Vehicles, to the extent this is technically possible at the respective location.
“Return App Platform” – is technology platform operated by Return App Transit Service as the information society service provider which offers Motor vehicle Transit Services of goods using the Return App.
“You”, “Driver”, “Customer” or “Broker” - shall mean any person that has registered a user account on the Return App Transit Service Platform and uses the services of the Motor vehicle Transit Services through that user Account.
“Operating Area” - is the country specified on Return App within which the User can request for return transit, make payment for the transit service and release the Motor Vehicle after the goods or service have been delivered to their satisfaction.
“Motor Vehicle” - shall mean a motor vehicle, including electric motor vehicle, provided by Return App Transit Service for hire to the User against the fee and on the basis of this Agreement. Models and types of Motor Vehicles are visible on the website and Return App.
“Period of Use” - shall mean a leasing period of the Motor Vehicle which begins as of the moment of reservation of the Motor Vehicle and ends on to the moment the User has completed the transit service and released the driver of the Motor Vehicle in compliance with the Agreement. The Period of Use is unlimited, subject to restrictions set forth in the Agreement.
“In-App Payment” – This means the customer/User makes payment using cashless platforms such as bank transfer, M-pesa or Airtel Mobile Money transfer service as preferred payment methods used by the User via Return App to pay for the Return App’s Motor vehicle Transit Services. Alternatively Drivers or Brokers will use the same payment methods available to withdraw payments from customers as per this Agreement.
“IoT” - shall mean an electronic hardware device installed in the Motor Vehicle, which secures the Motor Vehicle, allows to rent it digitally (lock/unlock) and records the location of the Motor Vehicle, the distance travelled by the Motor Vehicle, the time of use of the Motor Vehicle, use of the fuel and other data related to the Motor Vehicle and use thereof, and transmits this data to Return App.
“Privacy Policy” - shall mean Return App’s Privacy Policy, which contains information on the processing of User personal data, including User rights as a data subject.

Registering Yourself and using Return App

To be able to use Return App’s Motor Vehicle Transit Services, You must install Return App and register a user account (Account). During the installation of Return App, Your mobile number will be linked to Your Account and added to Our database. You must sign up by providing the requested information in the signup application and uploading necessary documentation as required by Us.
You are obliged to connect Your Account with Your valid mobile number that can access mobile money transfer process or bank money transfer programs. This option limits you to mobile numbers whose network service providers are Safaricom and Airtel.
If the User fails to enter correct data or enters wrong or false data, the registration of the User shall be disapproved.
After submitting the Return App signup application, You will be required to upload Your valid driving license to Return App Platform in accordance with Section 4 of the Agreement. This condition solely applies to the driver of a motor vehicle accessing Return App’s Motor Vehicle Transit Service as a verified driver
In case of any defaults in Return App, We endeavor to correct them as soon as possible, but You acknowledge that the functionality of Return App may be restricted due to occasional technical errors and We are not able to guarantee unlimited faultless functioning of Return App at all times. We accept no liability for any losses incurred as a consequence of Return App not functioning or not being usable in the desired manner.
Return App reserves the right to reject the registration if there is reason to assume that You will not act in accordance with the Agreement.
You must not register several Accounts with Return App, trade or rent Your Account to a third party, and create fake, illicit Accounts with Return App, this includes creating Account by using fake, illicit, false information.
It is not allowed for the User to allow any third party to use the User’s Account.
It is not allowed for the User to disclose the Account login data to any third party. The User shall be responsible for ensuring the security of the Account and confidentiality of User’s login details.
When creating and using Your Account, You:

Agree to only use Your real name, accurate personal information and payment information for setting up the Account, and keep such information up to date at all times
Agree that You may be requested to provide Your contact details (phone, email address, residency address)
Agree that You may be requested to provide proof of identity in the form of a picture of Your driving license, identification card or other legal identification document issued by the government within the specific jurisdiction to obtain or maintain access to the Return App’s Motor Vehicle Transit Services
Are liable for the access, control and security of Your Account, and responsible for all actions carried out under Your Account, unless You have reported misuse of Your Account pursuant to Section 2.11 hereof
Agree that We have the right to suspend or disable Your Account to the extent required to:

Secure lawful use of Return App, including without limitation for fraud prevention, risk assessment, investigation and customer support purposes;
Ensure your compliance with this Agreement,
To comply with an applicable law or the order of a court, law enforcement or other administrative agency or governmental body;
Or as otherwise set forth in this Agreement.

The User shall immediately notify Return App’s Help desk to enable Return App to block access to an Account to prevent misuse if there is:

Any unauthorized access to or use of Your Account
Loss or the destruction of the mobile device on which the Return App is installed
Login details are lost or become available to a third party
Account is compromised or available for use by a third party
Another situation that may cause loss of control of Your Account.

Upon receipt of User’s notification specified in Section 2.11 hereof, Return App shall at the first opportunity, block User’s Account.

Licensing and intellectual property rights

By registering on the Return App Platform, Return App grants the User a revocable, non-exclusive, non-transferable, non-sublicensable license to use the Return App Platform for the purpose of Motor Vehicle Transit Services.
All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Return App during the provision of the information society services under the Agreement and all the app information uploaded or downloaded belong to Return App. The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the Return App Platform or any other software used by Return App or extract or use any data on the Return App Platform for commercial purposes or any other purpose than using Motor Vehicle Transit Services. The User shall use the Return App Platform solely for his/her personal, non-commercial purposes.
Return App is not providing any warranties, guarantees or representations regarding the quality of the Return App Platform, including regarding the absence of apparent or hidden defects, fitness for ordinary or particular (special) purpose, and Return App is not required to satisfy the User’s claims regarding the quality of the Return App Platform.

Validating Driving License and Right to Drive

Users must upload and validate their identity and driving license for the specific Motor Vehicle category through the online validation process according to the instructions provided on the Return App.
Irrespective thereof, Return App reserves the right to request You at any time, to prove the validity of Your driving license.
After successfully validating the driving license, Return App shall activate such User’s access in Return App platform to book a Motor Vehicle subject to availability in the Operating Area/ Static Stage.
The User has the right to use Motor Vehicle Transit Service if the User:

Has reached to a minimum age of 18 years specified on the Return App;
Has had a valid driving license for the specific Motor Vehicles category for at least a time period specified on Return App; with regard to certain Motor Vehicle models a different minimum time period may apply which will be shown in the Return App;
Carry their valid driving license with them during the Period of Use and comply with all conditions and requirements set out therein
Their health condition allows driving a Motor Vehicle in accordance with local traffic laws.
Has not used and is not under the influence of alcohol, narcotic drugs or psychotropic substances or under influence of any other pharmaceuticals which might impair his/her fitness to drive.

If the User’s right to drive is withdrawn, suspended, revoked or User’s driving license is lost, the User may not drive a Motor Vehicle. You must immediately notify Return App about withdrawal, suspension, revocation of Your right to drive or loss of driving license.
The User is strictly prohibited from enabling any third party to drive Motor Vehicles. In the event of any breach of this requirement, the User shall pay a contractual penalty in the amount set out in the Price List and Penalties.

Fees and penalties

You will be charged 10% commission fees and surcharges such as tax or agent fees for your use of Motor Vehicle Transit Services in accordance with the Agreement, Price List and Penalties valid at the time of use of the Motor Vehicle Transit Services available on Return App.
The Motor Vehicle Transit Services fee comprises summation of:

Period of use including time taken when loading and offloading goods
Distance travelled with the Motor Vehicle. In this case the Motor Vehicle Transit Services fee for Period of Use is calculated from the location of the goods and the distance taken to the destination to deliver the goods.
The Motor Vehicle Transit Services fee for return service of transit goods will be the app system’s designed price between the driver and the customer based on the distance to be covered. The driver will consider a 10% commission deduction and less a withdrawal fee of Ksh. 50 from what the customer had paid.
Our fees and other charges may be subject to applicable taxes and other local government charges, which may be charged and collected by Us in advance.
Additional surcharges may apply in accordance with this Agreement where the Return’s App administrator finds it fit to include them.
For the processing of traffic violations and accidents (fees, fines, etc.), the driver will be liable and he/she should ensure that the customer has been covered to their satisfaction.
Damages caused to Motor Vehicle by the goods being transited will be the liability of the customer, violation of the Agreement, Return App is entitled to claim from the User on behalf of the driver, and the User shall pay Return App as an administrator between the customer and the driver.
The driver is responsible of paying all road taxes, toll fees, parking fees in private or public parking lots.
The customer should also pay all respective policy and regulations required to permit the transportation of goods and services.

By signing to this Agreement, Return App has a right to claim contractual penalty in case the User or Driver violates the terms and condition of this Agreement. Payment of contractual penalty shall not release the User or Driver from the obligation to perform the relevant obligations set forth in this Agreement. The User is obliged to pay contractual penalty to Return App if:

A customer destroys a Motor vehicle’s property in case of a conflict between the driver and the customer whether the interior/exterior or any part of the Motor Vehicle
For smoking and/or vaping in the Motor Vehicle
Forcefully requesting for an extension of a trip after finishing the trip within the stated designated destination area.
Chargeback frauds when using bank card to make payments
For other violations and breaches, as indicated in the Price List and Penalties available in the Return APP may update unilaterally from time to time.

At the same time, the driver is obliged to pay contractual penalty to Return App if:

For stealing a customer’s goods during the transportation process
For any aggressive, hooligan driving, disobeying speed limits and traffic rules, illegal racing or drifting, transportation of dangerous items, careless driving or any other use of the Motor Vehicle not for regular commute
For driving under the influence of alcohol, narcotic drugs, psychotropic substances and/or other psychoactive substances
For allowing another person to use Your Account and/or drive the Motor-Vehicle
For registering several Accounts with Return App, trade or rent Your Account to a third party, creating fake, illicit Account with Return App, creating Account by using fake, illicit, false information.
For other violations and breaches, as indicated in the Price List and Penalties available in the Return App may update unilaterally from time to time.

Payments and invoicing

Depending on the payment options supported for the given location of the journey, You can pay for the Motor Vehicle Transit Services with the two In-App Payment options as and when available through Return App, however, customers are strongly advised from using cash or negotiated payments.
After you have reserved a Motor Vehicle, You will manually authorize an amount from Your selected Payment Method to confirm the availability of the payment and assurance to the system that the driver will be paid upon completion of a trip.
Your obligation to pay for Motor Vehicle Transit Services and any other fees, charges, penalties, is to facilitate the continuous provision of services.
If the chosen payment method fails and/or You have insufficient funds in, you will not receive any transit service herein.
When making payments by Return’s App In-App Payment, Return APP is not responsible for possible third-party payment costs (e.g. mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the Return’s APP In-App Payment. Return APP is not responsible for any such fees and disclaims all liability in this regard. Your Selected Payment Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
Return will provide support in resolving problems related to the functioning of Return’s APP In-App Payment, including resolving disputes related to Return’s APP In-App Payment. For payment support service please contact our email accountant@returnapp.africa . Return APP will resolve Return’s APP In-App Payment related complaints and applications as expeditiously as soon as but no later than within 15 days.
Return APP shall, at its exclusive discretion, be entitled to provide a credit limit for the Motor Vehicle Transit Services. Return APP shall have the exclusive right to change the aforementioned credit limit, cancel, decrease or increase it at any time.
After each booking of Motor Vehicle Transit Services, Return APP shall create and forward a receipt to the User for the fee paid, including surcharges, penalties, etc. (if any), for the provision of the Motor Vehicle Transit Services. Receipts will be issued in accordance with the applicable laws. The receipt of each provision of the Motor Vehicle Transit Services is available to you via Account for download.

Use of the Motor-Vehicle

Commencement of driving the Motor Vehicle

Before starting a drive, a Motor Vehicle must be reserved in the Return App for a customer who has made a booking. Booking is considered complete when all payments are complete to satisfy a return trip from the driver’s and Admin’s understanding and perspective.
The User shall examine the Motor Vehicle’s cabin and cargo sections to make sure that the Motor Vehicle satisfies his/her needs to transit the good or service to the required place with zero damages or consequences. The consequences herein refers to “confirming that the cargo section for load capacity is enough to prevent overloading or property damage. Otherwise, all notified damages will be deemed as occurred during the Period of transportation and use by the User and no due diligence was taken by the user. Please note that this parameter also factored in.

NOTE THAT: Weighbridge and toll fees are expenses incurred by both the driver and customer for their lack of adequate due diligence.

In case of an accident, careless driving or any other damage which go beyond assessment, discovery and investigation by Return App’s agents based on the present situation will be the responsibility and liability of the driver or the owner of the Motor Vehicle.

Operating Area of the Motor Vehicle

Although, Drivers will have an App button option to adopt an “Available” for Return Transit Service, which overrules the eligibility rule. In this case, whenever there will be a conflict between a driver and a customer, the customer will carry the day since the availability was based on return transit service.

Handling of Accidents, Damage, Defects and Repairs

If the Motor Vehicle breaks down, customers and drivers of the same transit service trip should report to Return App’s Support system using an SOS button on their respective apps and attach proof with prospective reason.
The Driver must complete a traffic accident declaration and carry out other necessary actions in order to prevent or reduce damages to the goods in transit and the Motor Vehicle, or other property and/or persons. This shall apply irrespective of whether the accident was caused by the User or by a third party or whether the damage is minor or not.
Drivers should be aware that Return App will not be entitled or liable for any compensation paid in relation to the damage of customer’s goods in transit or Motor Vehicle.

Refund requests and Cancellations

Refunds

Conditions for Accepting a Refund Request:

Valid Reason for Refund: The user must provide a reason for the refund request that aligns with your stated return policy. Examples include:

Defective or damaged goods: The 80% of goods on transit arrived damaged. Evidence (photos, videos) shall be required. This evidence should be provided for both prior and after the damage.
Successfully reviewed cancellations: Once Our team has reviewed a driver’s or customer’s cancellation request and deemed them in good faith, a customer will be refunded fully less transaction charges while if it is in bad faith, a customer will be refunded partially less the commission or any other way that Our return team will deem fair to both the driver and customer.
Road accident, vehicle breakdown and vehicle impounds by police for traffic violations: these are some of the reasons that will automatically lead to a refund to a customer unless if fair and just mitigating measures were discussed and met by the driver to the customer prior the above events.
Change of Mind (If Allowed by Policy): Our policy might allow refunds for a simple change of mind by customer within a specific timeframe (say less than 24 hours) and under certain conditions (e.g., Medical emergency, goods require closed/open body, driver –customer disagreement). Please NOTE that this situation will only materialize before beginning a journey. Once the begin journey has started, no cancellations or refunds will be approved for this reason.

Proof of Payment: The user must provide valid proof of payment when requesting for a refund, such as a receipt, or transaction details within the app.
Timely Request: The refund request must be submitted within the timeframe specified in your return policy. Return Policy requires a customer to submit a refund request at that moment or 48 hours after the situation that directed the decision to request a refund.
Goods Condition (Depending on Reason):
- For defective/damaged items, the current condition might be relevant.
- For "change of mind" returns, the item usually needs to be in its original, unused condition with all original packaging and accessories.
- Driver and Customer should take responsibility for poor packaging and goods arrangement to prevent damages.
Compliance with Return Process: The user must have followed the correct return process outlined by your app (e.g., initiating the return within the app, providing necessary information, avoided violation the initial terms and conditions that guide return App).
Verification of Issue: Our Return App team might need to verify the Customer's identity and claim (e.g., inspect the conditions for the journey and the prevailing conditions that led to a refund, if the driver initiated it, he/she will be banned if the reason is filthy and the customer will be refunded fully).
Non Refundable Category: There situations where a customer may request for a refund but justifying the fairness of the case do not guarantee a refund. Therefore, a refund may not be valid at this time. Examples of situations that lead to this; Unjustified cancellations will require partial refund (initial payment less commission), Driver-customer conflict mid-journey, illegal goods, lack of transit permits by customer

Conditions for Denying a Refund Request:

Bad faith/Invalid Reason for a Refund: The reason provided does not fall within Our accepted refund terms.
No Proof of Payment: The user fails to provide valid proof of identity and payment or if payment was done illegally from another person’s phone.
Untimely Request: The refund request is submitted outside the specified refund request window.
Item Not in Original Condition (When Required): For "change of mind" refunds or when the issue is not due to a defect upon arrival, the returned good is damaged, stolen missing parts, or not in its original packaging as initially packaged by the driver and customer. Proof and evidence must support this allegations at all times.
Policy Exceptions: The item might fall under a non-refundable category as stated in Our policy.
Attempted Fraud or Abuse: Suspicious activity, robbery with violence towards drivers or evidence of fraudulent return request attempts.
Dispute Already Resolved: If the issue has already been resolved through another means (e.g., a justified and fair discussion on dispute resolution ensued, a replacement vehicle was sent, a partial refund was issued).
Lack of Cooperation: The customer fails to cooperate with the refund request process or provide necessary information for investigation.

Cancellations

Conditions for Accepting a Cancellation Request:

For Customer-Initiated Cancellations:

Timeliness: The cancellation request is made within a specific timeframe before the scheduled pickup or delivery time. This timeframe might vary depending on the service type or your policies.
No Driver En Route/Assigned (Potentially): If a driver hasn't yet been assigned or hasn't started traveling towards the customer, cancellation might be more readily accepted.
Valid Reason (Optional but Recommended): While customers might cancel for any reason, allowing them to provide a reason can help you understand trends and potentially waive fees in exceptional circumstances (e.g., emergency).
Adherence to this Cancellation Policy: The cancellation request complies with the refund process outlined in Our refund policy (e.g., any applicable fees like prior payment less commission if cancellation is understandably to be in bad faith).

For Driver-Initiated Cancellations:

Valid and Justifiable Reason: Drivers should have valid reasons for cancellation, such as:
- Safety Concerns: Feeling unsafe at the pickup location or with the customer.
- Vehicle Issues: Unexpected mechanical problems rendering their vehicle unusable.
- Inability to Locate Customer: After a reasonable attempt, the driver cannot find the customer at the specified location.
- Customer No-Show (After Waiting Period): The customer fails to appear at the pickup location within a defined waiting period.
- Unexpected Road Closures or Traffic Issues: Severe and unforeseen circumstances preventing them from reaching the customer.
Communication with Customer (If Possible): Drivers should ideally attempt to communicate with the customer before canceling, explaining the reason.
Adherence to Cancellation Policy: Drivers should follow the correct cancellation procedure within the app.

Conditions for Denying a Cancellation Request:

For Customer-Initiated Cancellations:

Late Cancellation: The cancellation request is made outside the allowed timeframe, potentially incurring a cancellation fee according to your policy.
Driver En Route/Nearby: If a driver is already en route or has arrived at the pickup location, cancellation might be denied or subject to a fee to compensate the driver for their time and effort.
Abuse of Cancellation Feature: Repeated or suspicious cancellation patterns by a customer might lead to denial or account suspension.
Bad Faith/No Valid Reason Provided (If Required by Policy): If your policy requires a valid reason for free cancellation and none is provided or the reason is deemed insufficient.

For Driver-Initiated Cancellations:

Bad faith/Insufficient or Invalid Reason: The reason provided by the driver is not deemed valid or justifiable according to your policies.
Lack of Communication with Customer: The driver cancels without attempting to communicate with the customer.
Frequent Cancellations: A driver with a high cancellation rate without valid reasons might have their cancellation request denied or face penalties.
Violation of Terms of Service: Cancellation for discriminatory reasons or other violations of your platform's terms of service would be denied and could lead to further action.
Customer Already at Pickup Location: If the driver cancels after the customer has arrived at the agreed-upon pickup point (without a valid emergency).

Return App’s obligations and liability

The Return App Platform is designed on an “as is” and “as available” basis. We do not represent, warrant or guarantee that access to Return App Platform will be uninterrupted or error free. We do not represent, warrant or guarantee that your usage of the Return App Platform will result in the availability of Return App’s Transit Services.
We disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

Whether the information (including any instructions on the Return App) on the Return App’s Transit Services is accurate, complete, correct, adequate, useful, timely, or reliable;
Whether any defects or errors on goods or service during the Return App’s Transit Services will be repaired or corrected;
Whether the Return App’s Transit Services will be available at any particular time or Operating Area.

Return App shall undertake to ensure that the Motor Vehicle is in good order and condition and is suitable for use and operation for the purpose set out in the Agreement. The faults or malfunctions, which do not have an impact on traffic safety and shall not have an impact in the short run, as well as defects which are not the consequence of improper maintenance of the Motor Vehicle, shall not be recognized as defects.
Return App shall be liable only for damage caused intentionally or due to gross negligence by Return App administrator or its representatives and the liability is limited to Ksh.5,000.
Return App shall not be liable for any belongings left in a Motor Vehicle or stolen from a Motor Vehicle irrespective of whether such belongings belong to the User or third party. All belongings found in a Motor Vehicle will be disposed of or donated after 30 days of finding them, after notifying the user/customer.
Nothing in this Agreement shall limit or exclude our liability that cannot be excluded or limited under applicable law.

Termination, Suspensions and Bans

Termination

Return App is entitled to terminate the Period of Use unilaterally in accordance with the Agreement.
The User(customer/driver) is entitled to terminate the Period of Use unilaterally in accordance with the Agreement.
The User(customer/driver) is not entitled to withdraw his/her declaration to enter into Period of Use.

Suspensions and Bans Process flow

Definitions

Client: A user who utilizes the app to request a return.
Driver: A user who utilizes the app to facilitate the return of an item/good.
Suspension: Temporary removal of access to the app for a specified period.
Ban: Permanent removal of access to the app. (Used interchangeably with revocation in this document)
Terms of Service (TOS): The contractual agreement between the user (client or driver) and the app provider.
Incident: Any reported or detected event that may violate the TOS.
Investigation: A process of gathering and reviewing evidence related to an incident.
Warning: A formal notification to a user about a violation of the TOS.

Guiding Principles

Fairness: All users will be treated equitably, and decisions will be based on evidence.
Transparency: Users will be informed of the reasons for any action taken against their account.
Due Process: Users will have the opportunity to respond to allegations and provide evidence.
Safety: The safety of all users is paramount.
Proportionality: The severity of the action will be commensurate with the severity of the violation.
Consistency: Similar violations will result in similar actions.

Process Flow

Incident Detection/Reporting:
- Incidents may be detected through various means:
  - User reports (clients reporting driver issues, or drivers reporting client issues)
  - Automated system flags (e.g., fraudulent activity, GPS anomalies)
  - Internal monitoring
  - Law enforcement reports
Initial Review:
- A designated team will conduct an initial review of the incident report.
- This review will determine the potential severity of the violation and the need for further investigation.
- If the incident is minor, a warning may be issued.
Investigation:
- For more serious incidents, a formal investigation will be conducted.
- This may involve:
  - Reviewing app logs and records
  - Contacting the involved parties for statements
  - Gathering any supporting evidence (photos, videos, etc.)
  - Assessing the user's history on the platform
Determination:
- Based on the investigation findings, a determination will be made regarding whether a violation of the TOS occurred.
- The severity of the violation will be assessed (minor, serious, severe).
Action and Notification:
- Depending on the severity of the violation, one of the following actions may be taken:
  - Warning: For minor violations.
  - Suspension: For serious violations.
  - Revocation/Ban: For severe violations.
- The user will be notified in writing (email, in-app notification) of the action taken and the reasons for it.
- The notification will include information about the appeals process, if applicable.
Appeals Process:
- Users may have the right to appeal the decision, depending on the severity of the action.
- The appeals process will involve a review of the case by a higher authority within the company.
- The user will be informed of the outcome of the appeal in writing.

Violations and Actions

The following is a non-exhaustive list of violations and the corresponding actions that may be taken. The severity of the action may vary depending on the specific circumstances of the incident and the user's history on the platform.

A. Customer Violations

Violation	Severity	Action
Providing false information during the return request	Serious	Suspension (1-7 days)
Attempting to return goods that is not eligible for return per policy	Serious	Suspension (1-7 days)
Damaging the goods before return process	Serious	Suspension (7-30 days)
Threatening or harassing a driver	Severe	Revocation/Ban
Making false accusations against a driver	Severe	Revocation/Ban
Attempting to defraud the company or a driver	Severe	Revocation/Ban
Violating the Terms of Service related to prohibited items	Severe	Revocation/Ban

B. Driver Violations

Violation	Severity	Action
Failing to complete a return without a valid reason	Minor	Warning
Being late for a scheduled return without proper communication	Minor	Warning
Providing poor customer service	Minor	Warning
Mishandling or damaging goods during the return process	Serious	Suspension (1-7 days)
Making unauthorized changes to the return process (e.g., changing the drop-off location)	Serious	Suspension (7-30 days)
Threatening or harassing a client	Severe	Revocation/Ban
Stealing the item being returned	Severe	Revocation/Ban
Providing false information or falsifying return documentation	Severe	Revocation/Ban
Operating under the influence of drugs or alcohol while performing a return	Severe	Revocation/Ban
Violating the Terms of Service related to prohibited items	Severe	Revocation/Ban

Reinstatement

Suspension: Upon completion of the suspension period, the user's access to the app will be automatically reinstated.
Revocation/Ban: Reinstatement is not typically offered. However, in exceptional circumstances, a user may submit a formal request for reconsideration after a specified period (e.g., 6 months or 1 year). The decision to reinstate is at the sole discretion of the company.

Policy Review

This policy will be reviewed and updated periodically to ensure its effectiveness and compliance with applicable laws and regulations.
Users will be notified of any significant changes to this policy.

Governing law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya and the East African Community Member countries.
Your obligations may also be governed by laws of the Operating Area, for example, traffic and parking laws and regulations applicable in the Operating Area (“Local Laws”) and You agree to comply with any such Local Laws.
Both We and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Kenya, East African Court of Justice and any courts which have jurisdiction to hear appeals from any of those courts and waive any right to object to any proceedings being brought in those courts.
If you are a consumer you can rely, upon non-compliance of Return App’s Transit Service with the terms and conditions of this Agreement, on the legal remedies provided by law. Depending on your residency, as a consumer you may also have the right to submit an application at Your local consumer protection authority in Kenya or in the respective EAC member states.

Please Note That

Notices and any other communication in connection with this Agreement or Return App Transit Services should be provided through Return App, sent by e-mail to info@returnapp.africa or support@returnapp.africa or accountant@returnapp.africa or even reporting through social customer support channels made available at Our website or Return App.
You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole and absolute discretion.
In the event of a conflict or contradiction between the Agreement and the terms and conditions for Your applicable Operating Area, the Operating Area terms and conditions shall prevail.
Return App may change or remove different parts of the Return App Platform or change the Return App Platform, its features in part or in whole at any time without prior notice.
The User accepts and agrees to the conclusion of this Agreement in English language and to any notices, information or communications given in connection with this Agreement being in English.