TERMS AND CONDITIONS OF SERVICE

Kea Vibe Company Limited

Effective Date: 14th December 2025

WARNING: THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY.

By clicking “I Agree”, downloading, accessing, or using the Kea Vibe mobile application (the “App”) or any related services (collectively, the “Service”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with any part of these Terms, you must not use the Service.

1. Definitions

– “Kea Vibe” or “Company” means Kea Vibe Company Limited. 

– “App” means the Kea Vibe mobile application. 

– “Service” means the technology platform and any ride-sharing, delivery, or other services facilitated through the App. 

– “User” means any individual or entity that accesses or uses the Service, including Passengers and Recipients of Delivery Services. 

– “Passenger” means any User utilizing the ride-sharing service. 

– “Kea Vibe Drivers” and “Kea Vibe Delivery Agents” mean independent individuals or entities who use the Platform to provide transportation or delivery services.

2. Introduction and Acceptance

These Terms govern your access to and use of the Service. The Service is a technology platform that connects Passengers with independent Kea Vibe Drivers and connects users with Kea Vibe Delivery Agents. By using the Service, you agree to these Terms, our Community Standards, Privacy Policy, and any additional guidelines published on the App or website.

Kea Vibe Company Limited is a technology company and does not itself provide transportation or delivery services. All rides and deliveries are performed by independent third-party providers.

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account or use the Service independently. Account holders are responsible for all activity under their account.

3. Company Protection and Conflict Resolution

3.1 Purpose of Agreement

This Agreement is designed to protect Kea Vibe Company Limited while providing clear rules for all Users.

3.2 Passenger and User Safety

We are committed to the safety of all Users but cannot guarantee 100% protection in every situation. We will, however, make every reasonable effort to address and resolve any reported issues between Users, Drivers, or Delivery Agents.

In the event of any incident reported through the App, we will investigate promptly and, where appropriate, cooperate fully with relevant authorities.

3.3 Assurance for Users

Users can be assured that reported issues will be taken seriously. Where incidents involve Kea Vibe Drivers or Delivery Agents, the Company will take appropriate disciplinary action, up to and including termination of access to the Platform.

4. Exclusion of Liability for Prohibited and Valuable Items

4.1 Prohibited Items

The Service must not be used to transport illegal or prohibited items, including but not limited to cash, gold, precious metals, hard drugs (such as marijuana, cocaine, or any controlled substances), firearms, or any other items prohibited by law.

4.2 Valuable and Irreplaceable Items

Users are strongly advised not to transport high-value or irreplaceable items, including negotiable instruments, fine art, jewellery, or documents of significant value.

4.3 Limitation of Liability

Kea Vibe Company Limited and its insurance policies do not cover loss, theft, or damage to prohibited items, cash, valuables, or irreplaceable items. 

THE USER AGREES THAT THE TRANSPORTATION OF PROHIBITED OR EXCLUDED ITEMS IS DONE ENTIRELY AT THE USER’S SOLE RISK, AND KEA VIBE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS, THEFT, OR DAMAGE TO THESE ITEMS.

5. User Accounts and Conduct

You are responsible for maintaining the security of your account and for all activities that occur under it. You agree to comply with our Community Standards and all applicable laws. Prohibited conduct includes fraud, harassment, discrimination, damage to vehicles, off-app payments, or any illegal activity.

6. Payments and Fees

Fares and delivery charges are displayed in the App before confirmation. Payments are processed securely through third-party providers. Cancellation fees, cleaning fees, or other charges may apply as notified in the App.

7. Privacy Policy

7.1 Introduction and Scope

Kea Vibe Company Limited respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, disclose, store, and protect your information when you use the Service. It applies worldwide and, where relevant, complies with the General Data Protection Regulation (GDPR) for users in the European Economic Area (EEA) and UK, as well as equivalent data protection laws in other jurisdictions.

7.2 Legal Basis for Processing (GDPR Compliance)

Where GDPR applies, we process your personal data based on: 

– Contractual necessity (to provide the Service). 

– Legitimate interests (e.g., safety, fraud prevention, service improvement). 

– Your consent (e.g., for marketing communications). 

– Legal obligations (e.g., reporting to authorities).

7.3 Information We Collect

We collect: 

– Provided by You: Name, phone number, email address, payment details, profile photo, and any feedback/ratings. 

– Automatically Collected: Location data (with permission), device information (IP address, device ID, OS), trip/delivery history, usage patterns, and cookies/app analytics. 

– From Third Parties: Background check data (for Drivers), payment processor data, or information shared during support interactions.

7.4 How We Use Your Information

We use your data to: 

– Facilitate rides/deliveries (e.g., matching, navigation, payments). 

– Ensure safety and security (e.g., verification, incident response, fraud detection). 

– Improve the Service (e.g., analytics, feature development). 

– Communicate with you (e.g., trip confirmations, support, optional promotions). 

– Comply with legal requirements.

7.5 Sharing Your Information

We share data only when necessary: 

– With Drivers/Delivery Agents (e.g., your name, phone, location for coordination). 

– With service providers (e.g., payment processors, cloud hosting, analytics—bound by confidentiality). 

– For legal reasons (e.g., court orders, safety investigations). 

– In anonymized/aggregated form for research or marketing insights. We do not sell your personal data.

7.6 International Data Transfers

If we transfer data outside your region (e.g., from EEA to non-EEA countries), we use appropriate safeguards such as Standard Contractual Clauses or adequacy decisions to ensure GDPR-level protection.

7.7 Data Retention

We retain your data only as long as necessary (e.g., for active accounts, legal obligations, or dispute resolution—typically up to 7 years for financial records). Inactive accounts may be deleted after a reasonable period.

7.8 Your Rights (GDPR and Equivalent)

You have the right to: 

– Access your personal data. 

– Rectify inaccurate data. 

– Erase data (“right to be forgotten”) in certain cases. 

– Restrict or object to processing. 

– Data portability. 

– Withdraw consent (where applicable). 

– Lodge a complaint with a supervisory authority (e.g., in the EEA).

To exercise these rights, contact us using the details below. We respond within one month (extendable for complex requests).

7.9 Security Measures

We implement industry-standard technical and organizational measures (e.g., encryption, access controls) to protect your data against unauthorized access, loss, or breach.

7.10 Children’s Privacy

The Service is not intended for children under 16 (or higher age per local law). We do not knowingly collect data from children without parental consent.

7.11 Changes to Privacy Policy

We may update this Policy. Material changes will be notified via the App or email. Continued use constitutes acceptance.

8. Cookie Policy

8.1 What Are Cookies?

Cookies are small text files placed on your device when you use the App or visit our website. We use cookies and similar technologies (e.g., pixels, local storage) to enhance your experience.

8.2 Types of Cookies We Use

– Essential Cookies: Necessary for the Service to function (e.g., authentication, security, basic navigation). 

– Performance/Analytics Cookies: Help us understand how Users interact with the Service (e.g., page views, error rates) using tools like Google Analytics (anonymized where possible). 

– Functional Cookies: Remember your preferences (e.g., language, location settings). 

– Marketing/Targeting Cookies: Used for personalized promotions (optional and consent-based).

8.3 Managing Cookies (GDPR Compliance)

Where GDPR applies, we obtain your consent before placing non-essential cookies. You can manage preferences via the App’s settings or your device/browser.

You can withdraw consent or disable cookies at any time (though this may affect Service functionality). For details, see your browser’s help section.

8.4 Third-Party Cookies

Some cookies are set by third parties (e.g., analytics providers, payment gateways). These are governed by their privacy policies.

8.5 Changes to Cookie Policy

We may update this section. Changes will be notified where required.

9. Indemnification

You agree to defend, indemnify, and hold harmless Kea Vibe Company Limited, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: 

(a) your use of and access to the Service; 

(b) your violation of any term of these Terms; 

(c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or 

(d) any claim that your actions caused damage to a third party.

10. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. Kea Vibe Company Limited disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Kea Vibe does not warrant that the Service will be uninterrupted, secure, error-free, or that a driver or delivery agent will always be available.

To the maximum extent permitted by law, Kea Vibe shall not be liable for indirect, incidental, special, consequential, or punitive damages.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Ghana (or other applicable jurisdiction as updated), without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved amicably through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Accra, Ghana (or the relevant capital city), under the rules of a recognized arbitration institution. Small claims may be brought in appropriate small claims courts.

12. Miscellaneous Provisions

12.1 Changes to Terms

Kea Vibe reserves the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms. Material changes will be notified via the App or email.

12.2 Sever ability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 Entire Agreement

These Terms, together with the Community Standards and any incorporated policies, constitute the entire agreement between you and Kea Vibe Company Limited.