Effective Date: June 2025
Governing Law: Republic of Kenya
Introduction & Contractual Acceptance
Definitions & Interpretation
Eligibility, Account Creation, and User Responsibilities
Platform Structure & Module Overview
4.1 Grocery Module
4.2 Kitchen Module
4.3 Soko (Retail & Errands)
4.4 Pharmacy (Modern & Herbal)
4.5 Estate Rides
4.6 Parcel Delivery
4.7 Sherehe Category (Alcohol & Tobacco)
4.8 Subscriptions & VIP Delivery
Orders, Errands, and Delivery Process
Payments, Wallets, Fees & Charges
Refunds, Replacements, and Order Cancellations
Vendor, Rider, and Agent Obligations
Content, Data, and Privacy
Prohibited Conduct and Platform Abuse
Limitation of Liability and Indemnity
Alcohol & Tobacco Legal Restrictions
Governing Law, Dispute Resolution, and Jurisdiction
Contact and Legal Notice Provisions
These Terms and Conditions (“Terms”) constitute a legally binding agreement between Kibanda Express Ltd (“Kibanda”, “we”, “our”, or “us”) and you (“User”, “you”, or “your”) regarding your access to and use of our mobile application, website, WhatsApp interface, and associated services (“Platform”).
Kibanda is a community-centered logistics and delivery platform based in Greatwall Gardens and surrounding estates. We facilitate the ordering, pickup, delivery, and coordination of products and services across multiple categories, including groceries, food, medicine, rides, errands, and more.
By accessing, registering, browsing, ordering, requesting, or using any service on the Platform, you:
Confirm that you have read, understood, and agree to be bound by these Terms;
Acknowledge that you are entering a legally enforceable contract under the laws of the Republic of Kenya;
Accept that Kibanda may update or revise these Terms at any time, with notice provided via app updates, website posts, or official channels.
If you do not agree with any part of these Terms, you must not use the Platform.
These Terms incorporate by reference the following additional policies:
Privacy Policy – detailing how we collect, use, and protect your data;
Refund Policy – outlining eligibility, timelines, and methods of refund;
Vendor and Rider Rules – governing the conduct of our logistics partners;
Any future posted operational guidelines or module-specific rules published through the app, dashboard, or website.
These documents collectively form your full agreement with Kibanda.
These Terms bind all parties who:
Place an order, request an errand, or send a parcel;
Offer goods or services through the Platform (e.g., as a vendor or merchant);
Deliver goods or errands on behalf of Kibanda (e.g., riders, drivers, agents);
Register or use the app, regardless of activity level or transaction volume.
Use of the Kibanda Platform in any capacity constitutes agreement to these Terms.
In these Terms, the following capitalized terms shall have the meanings assigned below, unless otherwise specified in context:
"Kibanda" refers to Kibanda Express Ltd, a limited liability company incorporated under the laws of Kenya, operating a multi-module logistics and e-commerce platform.
"Platform" refers to all digital and physical services operated by Kibanda, including but not limited to the mobile app, website (www.kibandaexpress.com, WhatsApp ordering system, and any other digital interface or communication channel provided by Kibanda.
"User" refers to any individual who accesses or uses the Platform, including those placing orders, requesting errands, or receiving deliveries.
"Vendor" means any business, shop, restaurant, pharmacy, or service provider listed on the Platform to sell goods or services to Users.
"Rider" or "Agent" refers to any individual authorized by Kibanda to deliver orders, run errands, or handle parcel logistics on behalf of the Platform.
"Order" means a confirmed request by a User to purchase or receive goods, services, or tasks via the Platform.
"Wallet" refers to the digital credit system provided by Kibanda for in-app payments, refunds, top-ups, and loyalty usage.
"Subscription" refers to a paid access plan (e.g., VIP, VVIP) that provides Users with enhanced delivery benefits, faster service tiers, or exclusive access.
"Errand" means a task assigned to Kibanda (via Parcel or Soko module) involving pickup, purchase, or delivery on the User’s behalf.
"Parcel" means a delivery request involving movement of physical goods from one party to another, including but not limited to food, documents, clothing, and electronics.
"Module" means a functional category of services within the Platform (e.g., Groceries, Kitchen, Soko, Rides, Pharmacy, Parcels).
"Sherehe" refers to a Kibanda category containing celebratory or adult-use products including alcohol, tobacco, and related items.
Unless the context otherwise requires:
The singular includes the plural and vice versa;
Headings are for reference only and do not affect meaning;
References to "you" include any party acting on your behalf or using your account;
References to "including" or "includes" are not limiting and imply "without limitation".
To access or use any part of the Kibanda Platform, you must:
Be at least 18 years of age;
Be legally capable of entering binding contracts under Kenyan law;
Possess a valid Kenyan phone number and ID (National ID, Passport, or Driver’s License);
Have access to a mobile device or browser that supports the Kibanda app or web platform.
Minors are strictly prohibited from creating accounts or placing orders. Accounts created using false identification may be suspended or terminated.
To create a User account, you must provide:
Your full legal name;
A working mobile number (verified via OTP);
Estate or zone location;
Optional email address or profile photo.
You agree to:
Keep your account details accurate and up to date;
Maintain confidentiality of your login credentials;
Take full responsibility for activity carried out using your account.
Kibanda is not liable for unauthorized access caused by negligence in securing your login.
Users may only create and operate one personal account at a time.
Duplicate, fraudulent, or impersonated accounts may be immediately deactivated.
Multiple accounts tied to the same mobile device, phone number, or national ID may be flagged and investigated.
If you are using Kibanda as a Vendor, you must:
Be registered and approved by Kibanda's vendor onboarding team;
Provide valid KRA PIN, ID, and (where applicable) business registration or food handling license;
Accept and comply with the Vendor Terms of Operation separately issued.
You agree to:
Use the Platform lawfully and respectfully;
Pay for all items and services ordered using your account;
Be available to receive deliveries within a reasonable window;
Provide accurate delivery instructions and contact information;
Avoid platform abuse (e.g., fake orders, refund fraud, misusing errand agents).
Failure to uphold these responsibilities may lead to restricted access, temporary suspension, or permanent deactivation of your account.
Kibanda operates as a multi-service logistics platform made up of distinct but interconnected service categories (“Modules”), each with its own features, delivery logic, refund terms, and legal requirements. By accessing or using any module, you agree to the specific rules applicable to that module, as detailed below.
Offers home delivery of fresh groceries and household consumables from Kibanda-approved vendors.
Delivery Tiers:
Standard (Free): Estimated 30–60 minutes for orders above KES 100.
VIP (KES 500/month): Priority treatment with 15–25 minute average delivery time.
Only registered vendors are eligible for free delivery; other stores can be served through the Parcel Module (errands).
Refund Window: Claims must be filed within 1 hour of delivery. No refunds are accepted thereafter for perishable goods.
Enables Users to order cooked meals and snacks from listed kitchens and restaurants.
Orders are paid upfront unless the Vendor is verified for Cash on Delivery.
Food is non-refundable once prepared or delivered, even if temperature, spicing, or packaging is disputed.
Special requests (e.g., “extra chili”) are honored only at Vendor discretion.
Covers shopping categories like fashion,cosmetics, electronics, hardware, toys, kitchenware, etc.
Based on retail and errand logic — Kibanda riders pick items from stores (e.g., China Village) on behalf of Users.
Pricing:
Delivery Fee: KES 25/km;
Errand Fee: Variable, payable through parcel.
All items must be fully paid upfront before errand begins.
No refunds once a rider has executed the task unless the errand failed due to proven Kibanda fault.
Offers over-the-counter, prescription, and natural health products (e.g., Moringa, Neem).
Users may be asked to upload prescriptions for restricted products.
Riders handling pharmacy orders are trained for discretion and must follow Kibanda’s confidentiality standards.
No refunds will be provided for medicine or wellness products once dispatched.
Enables Users to book safe, trusted local rides (motorbike, tuk-tuk, car) for estate transport.
All prices are pre-agreed or distance-based.
Kibanda does not guarantee trip punctuality but ensures fair resolution for missed pickups or unsafe conduct.
Riders are vetted and logged for community protection.
Allows Users to send or receive items like food, gifts, electronics, or documents across estate zones.
Supported categories: Gifts, Documents, Groceries, Errands, Clothes, Electronics, Tools, Flowers, Toys, and more.
Users may also send WhatsApp or Instagram-bought items through this module.
Refunds apply only if the item was never picked or delivered (subject to GPS verification).
Includes celebratory items such as beer, spirits, wines, and tobacco products.
Requires ID verification on delivery (National ID, Passport, or Digital DL).
No delivery to minors, intoxicated persons, or third parties without verification.
Delivery window: 10:00 AM – 8:00 PM.
No refunds after ID-verified handover is completed.
Users may subscribe for enhanced experiences:
Standard VIP (KES 500/month): Priority delivery, 1-hour refund review, bonus credits.
VVIP (KES 1,000/month): Personal Shopper upgrades, rider preference, errand fast-track.
Subscriptions are non-refundable once activated.
Abuse of VIP privileges may result in suspension or downgrade without refund.
Kibanda facilitates the request, pickup, and delivery of goods and services within designated estates and surrounding areas. By placing an order, you authorize Kibanda and its appointed Riders or Agents to carry out the requested service on your behalf.
All orders must be placed through the Kibanda App, website, or approved WhatsApp channel.
You must select the correct module, location, and vendor/store.
Orders are considered confirmed once:
Payment is successful; or
For Cash on Delivery: a valid order confirmation appears in your order history.
Once confirmed, orders cannot be edited, only canceled under specific conditions (see Section 7).
Kibanda operates in Greatwall Gardens (Phases 1–4), plus select estates nearby
Orders outside this zone may be declined, delayed, or re-routed.
Riders are trained to deliver to:
Doorsteps (default for parcels/groceries);
Estate gates (if required by security);
Agreed neutral points within estate boundaries.
Estimated delivery times vary by service:
| Service Tier | Delivery Time (Approx.) |
|---|---|
| Grocery – Standard | 30–60 minutes |
| Grocery – VIP | 15–25 minutes |
| Food (Kitchen) | 20–45 minutes |
| Pharmacy | 15-40 minutes |
| Parcel Delivery | 15–45 minutes |
| Soko Errands | 45–90 minutes (avg.) |
| Sherehe Items | 30–45 minutes (ID may be required) |
Kibanda shall not be liable for delays caused by:
Estate gate access restrictions;
Phone unavailability;
High-volume traffic within peak hours;
Acts of God or force majeure (e.g., floods, riots, strikes).
You must:
Remain reachable by phone for coordination;
Be available at the specified drop point;
Present ID when required (e.g., alcohol or errand pickups);
Check your items immediately and raise complaints within 1 hour.
Repeated failure to respond or collect deliveries may lead to temporary account suspension.
Errands are unique manual tasks performed by Riders.
The Rider follows your written or verbal instructions to the best of their ability.
Kibanda is not responsible for:
Price changes post-instruction;
Store closures;
Out-of-stock items;
Preference disputes (e.g., brand, color, quantity mismatches).
Riders are required to send receipts or images where possible before checkout — but real-time coordination is not guaranteed.
Users may place multiple orders or errands concurrently. Kibanda:
May combine similar orders into one route for efficiency;
May assign different Riders per task, depending on workload and proximity.
An order is marked complete when:
Rider hands over the item to you or your designated recipient;
Drop-off is recorded via GPS + photo or OTP (One-Time Pin);
Rider updates the system to confirm delivery.
If you are unreachable, Kibanda may leave the item at the gate or return it to a fallback location. In such cases, re-delivery fees may apply.
Kibanda supports secure, transparent, and pre-agreed payment methods for all modules. You agree to pay all applicable charges for services you use on the Platform.
Accepted forms of payment include:
M-Pesa (via STK Push or Paybill);
Kibanda Wallet (for refunds, top-ups, and order credits);
Subscription Charges via M-Pesa recurring payment or manual top-up.
Note: Wallet funds are non-transferable and non-withdrawable except in the case of approved refunds.
The Wallet is a digital credit account linked to your Kibanda profile. It may be used to:
Pay for orders;
Receive refund credits;
Earn promotional bonuses.
Wallets may not be used for:
Direct withdrawals to M-Pesa (except in special refund cases);
Sending money to other Users.
Each order may incur one or more of the following charges:
| Charge | Description |
|---|---|
| Product Cost | Amount payable for goods or services purchased |
| Delivery Fee | Based on distance, module, and item size |
| Errand Fee | For manual pickups or in-person tasks |
| Parcel Category Fee | Minimum pricing by type (e.g., food, gifts) |
| Subscription Fee | Monthly charge for VIP/VVIP delivery tiers |
| Return Fee | Applied when customer is unreachable and item is returned |
Examples:
Soko: KES 25/km + errand fee
Parcel: KES 30/km
Grocery (non-partner): Subject to Parcel logic
Sherehe: No delivery without ID verification
| Tier | Price (KES/month) | Benefits |
|---|---|---|
| VIP | 500 | Priority groceries, 20-min errands, faster refunds |
| VVIP | 1,000 | Personal shopper, dedicated agent, express delivery across all modules |
Subscriptions are non-refundable once activated.
Abuse (e.g., excessive complaints, misused reroutes) may lead to restriction.
All prices are displayed in Kenyan Shillings (KES).
Prices are subject to change without prior notice.
If a pricing error is discovered after order placement, Kibanda will contact you before proceeding.
If payment fails or is reversed:
Kibanda may cancel your order;
Suspend Wallet access;
Limit your ability to place new orders until resolved.
Unpaid balances (including fees for returned deliveries) may lead to temporary or permanent account suspension.
Kibanda maintains a clear, transparent refund and cancellation policy to protect Users, Vendors, and Riders. Refunds are not guaranteed and will be evaluated based on the nature of the service, product type, and timing of the complaint.
Refunds or Wallet credits may be issued if:
An order was never delivered and Kibanda confirms fault;
The item delivered was wrong, missing, or incomplete;
A confirmed stock-out occurs after payment;
The User was overcharged due to a system or M-Pesa error;
An errand or parcel failed to complete despite valid instructions.
All refund requests must be submitted within 1 hour of delivery or failure, unless otherwise stated.
The following are strictly non-refundable:
Cooked meals (Kitchen module);
Fresh groceries and perishables once delivered;
Herbal or modern pharmacy products;
Alcohol and tobacco once delivered and age-verified;
Errands completed as per user instructions;
Cash-on-Delivery orders refused after proper handoff.
Refunds will not be issued for:
Taste or preference disputes;
Delay caused by gate restrictions or user unavailability;
Rider effort in cases where the order was placed incorrectly by the user.
To file a refund request, the User must:
Open the “Help” section in the app or message Kibanda on WhatsApp;
Provide the Order ID, description of the issue, and any supporting evidence (photo, receipt, or GPS screenshot);
Submit the request within 1 hour after delivery.
Kibanda will respond within 2–5 business days, depending on the issue complexity.
Approved refunds will be issued as follows:
| Method | Conditions |
|---|---|
| Wallet Credit | Default refund type; reusable for next orders |
| M-Pesa Reversal | Only if charged twice or for failed deliveries |
| Redelivery | VIPs may request redelivery instead of refund |
Partial Wallet credit may be granted in cases of:
One or more items missing from a multi-item order;
Price adjustments during an errand;
Acceptable delivery that was excessively delayed due to platform fault.
Kibanda’s final decision on the refund amount is binding.
You may cancel an order:
Before preparation or dispatch: Full refund/credit may be issued.
After rider pickup: No refund; delivery fee may still apply.
Errands: No cancellation once a Rider is en route to a shop.
Repeated cancellations may lead to a temporary ordering restriction.
Kibanda may cancel an order if:
The Vendor or item becomes unavailable;
The Rider is unable to reach the User after multiple attempts;
Fraudulent activity is suspected.
In such cases, a full refund (Wallet or M-Pesa) may be granted.
All Vendors, Riders, and Agents (“Partners”) who operate under the Kibanda Platform are subject to strict standards of performance, ethics, and professionalism. Any breach of these obligations may result in disciplinary action, suspension, or legal prosecution.
Vendors must:
Maintain accurate and up-to-date product listings, prices, and availability;
Prepare orders promptly and correctly, according to the Platform timestamp;
Package items securely to ensure protection during delivery;
Accept platform payment terms (wallet settlements, commissions, or package agreements);
Communicate only through authorized channels — no off-platform transactions or delivery negotiations.
Vendors are strictly prohibited from:
Contacting Users directly for external orders;
Providing false stock confirmations;
Substituting items without consent.
All Riders and Agents must:
Follow the assigned route and fulfill each task with care and urgency;
Maintain professional conduct and courtesy with all customers;
Wear the Kibanda uniform or carry visible platform identification where provided;
Obey traffic, estate, and public safety laws at all times;
Update delivery status in real-time via the app (e.g., picked, en route, delivered).
They must not:
Collect payment off-platform;
Substitute or tamper with deliveries;
Refuse tasks without cause once accepted;
Share User data, location, or phone number outside the task.
All Partners must:
Attend Kibanda onboarding or compliance training;
Submit valid KYC documents (e.g., National ID, photo, license where applicable);
Use GPS-enabled phones and keep contact channels (e.g., WhatsApp) active during delivery hours.
Riders handling sensitive categories (e.g., Pharmacy, Sherehe) must follow additional training and adhere to strict confidentiality standards.
Kibanda reserves the right to:
Suspend, deactivate, or permanently remove any Partner for violation of platform rules or community trust;
Hold Riders liable for missing items, fake GPS, or offloading tasks without cause;
Withhold payouts or deduct damages from Partner accounts in cases of proven misconduct.
Partners are independent contractors. Nothing in this Agreement shall create employment, partnership, or agency relationships unless expressly stated in a signed contract.
Kibanda is committed to protecting user information and maintaining the confidentiality of all personal, transactional, and operational data collected through the Platform. This section summarizes your responsibilities and our rights regarding data usage.
By using the Kibanda Platform, you consent to the collection, processing, and storage of:
Personal data (e.g., name, phone number, delivery address);
Device and location information;
Transaction history and ordering behavior;
In-app messages, calls, and chat logs with Kibanda support or Partners.
For a detailed explanation, refer to the full [Kibanda Privacy Policy].
Users may submit ratings, reviews, comments, and photos through the Platform. You agree that:
Your content must be truthful, non-abusive, and free of illegal or defamatory remarks;
Kibanda may use, display, or moderate this content without additional consent or compensation;
We reserve the right to edit or delete any content deemed inappropriate, misleading, or damaging to the community.
All rights to the Platform’s code, design, branding, images, and content (excluding Vendor logos) are owned by Kibanda Express Ltd. You may not:
Copy, reproduce, or scrape the Platform or its contents without written consent;
Misuse branding or impersonate Kibanda for any reason;
Develop competing platforms or tools based on Kibanda’s systems or trade secrets.
Kibanda shares limited data with authorized Riders and Vendors strictly for service fulfillment (e.g., name, phone number, delivery instructions). Partners are contractually prohibited from:
Using this data outside the assigned order;
Saving, reselling, or distributing such data independently.
Users or third parties attempting to:
Hack or reverse-engineer the Kibanda platform;
Interfere with API, dispatch, or payment flows;
Use scripts, bots, or spoofed devices to manipulate orders;
…will be permanently banned and may be reported to Kenyan cybercrime authorities. Legal action may be taken without further notice.
To maintain a safe, fair, and lawful experience for all parties, Kibanda strictly prohibits any use of its Platform that violates user trust, disrupts service delivery, or breaches community standards.
You may not, directly or indirectly:
Submit fake, duplicate, or prank orders;
Use the Platform to stalk, harass, or mislead Riders, Vendors, or other Users;
Refuse payment or collection of valid deliveries without reason;
Provide false refund claims or initiate abusive complaints;
Use someone else’s identity, location, or mobile number without permission.
The following actions are expressly forbidden:
Attempting to manipulate pricing, refunds, delivery timing, or distance using fake data;
Using automation (bots, scripts, VPNs) to place orders or scrape content;
Reverse-engineering the Platform or extracting order/rider data;
Attempting to overload or crash Kibanda’s systems.
You may not:
Create multiple accounts to exploit discounts or promotions;
Repeatedly downgrade or cancel subscriptions to access free tiers unfairly;
Share subscription benefits across accounts;
Use VIP access to place fake errands or unnecessary reroutes.
We maintain a zero-tolerance policy for:
Verbal or physical threats to any Rider, Vendor, or Support Agent;
Sexist, tribal, racist, or religious slurs;
Non-consensual contact outside the app after order completion.
Offenders may be banned without refund and referred to estate leadership or legal authorities.
You may not:
Publish or spread knowingly false reviews, ratings, or media that damages Kibanda’s reputation or incites hate;
Threaten Vendors or Riders with negative reviews for discounts;
File fake legal claims or impersonate government or media representatives.
The Sherehe category contains adult-use items. You agree:
Not to order alcohol or tobacco if under 18 years old;
To present a valid original government-issued ID upon delivery;
Not to pressure a Rider to deliver these items to a third party without approval.
Deliveries will be cancelled without refund if ID is not shown or fraud is suspected.
While Kibanda endeavors to provide continuous, secure, and accurate services, the Platform is provided “as is” and “as available.”
We do not guarantee:
Uninterrupted access at all times;
Real-time Rider or Vendor availability;
Instant delivery, especially during peak hours or bad weather;
Platform compatibility across all devices or networks.
To the maximum extent permitted by law, Kibanda Express Ltd shall not be liable for:
Indirect, incidental, or consequential damages, including lost profits or business interruptions;
Delay or failure in delivery caused by third-party errors, estate access limitations, or natural disasters;
Actions or omissions of independent Vendors or Riders, unless expressly under Kibanda control;
Loss of or damage to goods not properly declared, packaged, or classified by the User in Parcel or Errand orders;
Disputes between Users and Vendors or between Users and Riders not directly caused by Kibanda’s system fault.
Kibanda’s total liability in any circumstance shall not exceed the amount paid by the User for the specific order in dispute.
You agree to indemnify and hold harmless Kibanda Express Ltd, its directors, staff, vendors, riders, and agents from:
Any claim, demand, loss, liability, or expense (including legal fees) arising out of:
Your misuse of the Platform;
Violation of these Terms or any applicable law;
False, misleading, or abusive conduct toward other Users or Partners;
Infringement of rights, including data, intellectual property, or physical safety of third parties.
This clause shall survive the termination or suspension of your account.
Kibanda may integrate services (e.g., Google Maps, M-Pesa APIs, WhatsApp) that are owned and operated by external providers. We are not responsible for:
Their functionality, security, or data protection practices;
Unavailability due to third-party outages or software failures.
These Terms and all matters arising from or related to your use of the Kibanda Platform shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.
Before initiating formal proceedings, both parties agree to:
First attempt to resolve the issue amicably through internal communication (email, phone, or in-app support);
Allow Kibanda up to 7 business days to investigate and respond to the dispute in writing.
This informal resolution step is mandatory unless immediate legal relief (e.g., injunction) is necessary.
If the dispute cannot be resolved informally, it shall be referred to binding arbitration under the laws of Kenya. The parties agree that:
The arbitration shall be conducted by a single arbitrator jointly selected by the parties;
If no agreement is reached, the arbitrator will be appointed by the Chairperson of the Chartered Institute of Arbitrators – Kenya Branch;
Arbitration shall take place in Nairobi, in English, and the decision shall be final and binding.
If arbitration fails, or is deemed unenforceable or inapplicable for any reason:
The courts of competent jurisdiction located in Machakos County, Kenya shall have exclusive jurisdiction over the matter;
Each party waives any objection to such venue or forum.
Kibanda reserves the right to seek urgent injunctive relief in cases of:
System attacks or hacking;
Reputational harm;
Breach of confidentiality or IP theft.
Such relief may be sought from any court of competent jurisdiction, without limitation.
For any inquiries, feedback, complaints, or legal notices, Users and third parties may contact Kibanda Express Ltd through the following official channels:
Company Name: Kibanda Express Ltd
Official Email: info@kibandaexpress.com
Business Address: Benmark Complex, 2nd Floor, Greatwall Gardens, Athi River, Kenya
WhatsApp Support (Business Hours): 0788855500
Website: www.kibandaexpress.com
Privacy & Data Concerns: admin@kibandaexpress.com
Any formal legal notice must be:
Sent to the above business address, marked "ATTN: Legal Officer";
Accompanied by a soft copy email to info@kibandaexpress.com with the subject line: “Legal Notice – [Matter]”;
Written in clear and professional English.
Receipt of legal notice is acknowledged within 7 business days, unless an emergency response is required under law.
In case of discrepancy between this English version and any translated version of these Terms, the English version shall prevail for interpretation, enforcement, and dispute purposes.
