Terms


Terms & Conditions

Terms of Use

Welcome to 
aft.co.ke ("AFT"). These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively "Services").

You agree to comply with all the above when accessing or using our Services. 

AFT is provided to you by Ask For Transport, P.O. Box 29838-00202, Nairobi, Kenya.

Your Account.

 In order to access and use some or a portion of the services, you may be required to register with us and set up an account with your phone, email address and a password (your “Account”). The phone number and email address you provide will be your phone number and email address and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at 
AFT Customer Support.

Using AFT Services. You will post in the appropriate category or area and will not do any of the following bad things:
 

  • be false or misleading;
  • violate any laws;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm AFT or the interests or property of AFT users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the AFT;
  • copy, modify, or distribute any other person's content;
  • use any robot, spider, scraper or other automated means to access AFT and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to AFT.

Prohibited content. You shall not post any content that;

  • promotes tribalism, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is intended to or tends to harass, annoy, threaten or intimidate any other users of the Site or Services;
  • is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, obscene or otherwise objectionable;
  • contains others' copyrighted content (e.g., videos, photographs, images, etc.) without obtaining permission first;
  • promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
  • intended to defraud, swindle or deceive other users of the Services;
  • contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  • promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
  • disseminates or otherwise discloses another person's personal information without his or her prior permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
  • is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Site;
  • impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity.




Abusing AFT Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off AFT if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off AFT or not, we do not accept any liability for monitoring AFT or for unauthorized or unlawful content on AFT or use of AFT by users.

 

Global Marketplace. Some of AFT's features may display your ad on other sites that are part of the AFT community, like AFT social media pages or our classifieds sites in other countries. By using AFT Services, you agree that your ads can be displayed on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted.

When you choose to post your ad to another site, you may be responsible for ensuring that it does not violate our other site policies.

We may remove your ad if it is flagged on any of our sites, or if we believe it causes problems or violates any law or policy.

 

Fees and Services. Using AFT Services is generally FREE. We may charge fees for certain Services. If the service you use charges a fee you will be able to review and accept that charge. Our fees are quoted in Kenya shillings in Kenya (KSH) and in US Dollars (USD) for any other country, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are not refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services.  

Kenyan taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for AFT to comply with its obligations under applicable law. To the extent that such information is not provided, AFT will in its discretion determine and collect appropriate taxes.


You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on AFT. 
 

Content. AFT Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute AFT Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us at info@aft.co.ke and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

 

Intellectual Property Infringements. Do not post content that infringes the rights of third parties. This includes, but is not limited to; content that infringes on intellectual property rights such as copyright and trademark. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. If you believe that a listing on any of the AFT Services infringes your copyright, trademark, or other intellectual property rights, notify us at info@aft.co.ke

 Disclaimers and limitations of Liability.  AFT Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as Mpesa or PayPal  (each a “Third Party Payment Processor”.  For greater certainty, as applicable, if you link a Third Party Payment Processor account to your AFT Account, you acknowledge and agree that by making payments through AFT with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party's services). As most of the stuff on the AFT Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of AFT, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the lesser of (a) the total fees you pay to us in the 3 months prior to the action giving rise to liability, and (b) 100 USD.


Indemnification. You will indemnify and hold harmless AFT and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the AFT Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
 

Personal Information. By using AFT Services, you agree to the collection, transfer, storage and use of your personal information by Ask For Transport, (the "data controller") as further described in our privacy policy

 

General. These terms and the other policies posted on AFT Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of Kenya. We both submit to the jurisdiction of the courts of Kenya. This will not affect your statutory rights if you are a consumer and applicable consumer law requires the application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:

 

Ask For Transport.
P. O. Box 29838-00202
Nairobi
Kenya
Re: User Inquiries

 

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendments to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to AFT Customer Support at info@aft.co.ke

Mobile Devices Terms
If you're accessing AFT Services from a mobile device using an AFT Mobile Application (the "Application"), the following terms and conditions("Terms of Use") apply to you in addition to the applicable mobile privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application use. AFT grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.aft.co.ke website.  Your download and use of the application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. AFT owns or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter AFT's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any AFT Application.


Last Modified: October 4th, 2019
© 2019