Welcome to the Kayayo app! This Terms of Service agreement ("Agreement") governs your use of the Kayayo mobile application and services provided by Kayayo Plus Ltd., a Limited Liability Corporation ("Company").

By accessing or using the Kayayo app, you agree to the terms outlined in this Agreement. If you do not agree with these terms, please refrain from using our app.

1. Use of the Kayayo App

1.1 Eligibility: a. You must be at least 13 years old to use the Kayayo app.

1.2 Account Registration: a. You may need to create an account to access certain features of the app. b. You agree to provide accurate, current, and complete information during the registration process.

1.3 User Responsibilities: a. You are responsible for maintaining the confidentiality of your account information and password. b. You agree to notify us immediately of any unauthorized use of your account.

2. Kayayo App Services

2.1 Description: a. The Kayayo app provides grocery delivery services and related features.

2.2 Modification or Termination: a. The Company reserves the right to modify or terminate the app or its services at any time, with or without notice.

3. User Content

3.1 Ownership: a. You retain ownership of any content you submit or upload to the Kayayo app.

3.2 Examples of User Content: a. By way of example, the ability to post or otherwise provide to Kayayo Ratings and Reviews (as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, “User Content”).

b. Definition: - Ratings and Reviews: Refers to the feedback, comments, and ratings provided by users regarding their experience with the Kayayo app, including but not limited to feedback on delivery services, products, and overall user satisfaction.

3.3 License: a. By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute the User Content.

4. Payment and Fees

4.1 Payment: a. Payment for grocery orders, with the exception of cash payments, will be processed through a third-party, ExpressPay, and you agree to their terms.

4.2 Promotions and Discount Codes: a. The Company may, at its discretion, offer promotions, discount codes, or other special offers ("Promotions") o users of the Kayayo app.

b. Users may apply valid discount codes or participate in eligible promotions during the checkout process when placing grocery orders.

c. All Promotions are subject to specific terms and conditions, and users agree to comply with these terms when participating in or applying any Promotion.

d. The Company reserves the right to modify, extend, or terminate any Promotion at any time, with or without notice. Users acknowledge that Promotions may have expiry dates.

e. Users agree not to abuse or manipulate Promotions, including but not limited to the use of unauthorized codes, attempting to exploit loopholes, or engaging in fraudulent activities.

f. In the event of a refund for a purchase made using a Promotion, the refund amount will be based on the actual amount paid by the user, excluding the applied Promotion.

g. The Company reserves the right to refuse or cancel the application of any Promotion at its sole discretion.

h. The Company may communicate promotions and discount codes to users through various channels, including in-app notifications, emails, or other means.

i. The terms governing Promotions are subject to change at any time. Changes will be effective immediately upon posting.

5. User Conduct

5.1 Prohibited Activities: a. You agree not to engage in any activity that violates applicable laws or the rights of others.

5.2 Compliance: a. You agree to comply with all applicable laws and regulations.

6. Intellectual Property Ownership

6.1 Ownership: a. Kayayo Plus Ltd. (and its licensors, where applicable) shall retain all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services provided through the Kayayo app.

6.2 No Transfer of Ownership: a. This Agreement does not constitute a sale and does not transfer any rights of ownership to you in connection with the Technology or the Services. No intellectual property rights owned by Kayayo are conveyed to you under this Agreement.

6.3 Trademarks: a. Kayayo names, Kayayo logos, and the product names associated with the Technology and Services are trademarks of Kayayo Plus Ltd. or third parties. No right or license is granted to you to use these trademarks.

6.4 Notice of Rights: a. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

7. Privacy

7.1 Privacy Policy: a. Your use of the Kayayo app is also governed by our Privacy Policy, available on the app.

8. Dispute Resolution

8.1 Court Resolution: a. Any disputes arising from or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Kayayo app, shall be resolved by the courts of competent jurisdiction in the Republic of Ghana.

8.2 Exceptions: a. Notwithstanding the foregoing, either party may pursue injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

9. Limitation of Liability

9.1 Disclaimer: a. The Kayayo app and its services are provided "as is" without warranties of any kind.

9.2 Limitation of Liability: a. The Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the app.

10. Governing Law

10.1 Jurisdiction: a. This Agreement is governed by and interpreted in accordance with the laws of the Republic of Ghana.

11. Changes to Terms

11.1 Modification: a. The Company reserves the right to modify this Agreement at any time. Changes will be effective immediately upon posting.

12. Contact Information

12.1 Contact Us: a. If you have any questions or concerns regarding this Agreement, please contact us at info@kayayoafrica.com.