Passenger Terms & Conditions

Effective: 1 June 2025  |  Version 1.0
Please read these Terms carefully. By creating an account or requesting a ride on nDuthi254, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree, please do not use the platform.
Table of Contents
  1. Definitions
  2. About nDuthi254
  3. Acceptance of Terms
  4. Eligibility
  5. Your Account
  6. Booking Terms
  7. Fares & Payments
  8. Cancellations
  9. Fare Disputes
  10. Passenger Conduct
  11. Refunds
  12. Safety
  13. Limitation of Liability
  14. Data Protection & Privacy
  15. Intellectual Property
  16. Amendments
  17. Governing Law
  18. Contact Us
Section 01

Definitions

In these Terms, the following words and phrases have the meanings given below:

Section 02

About nDuthi254

nDuthi254 is a technology company operating a digital matching platform that connects Passenger s seeking motorcycle taxi services with independent boda boda Riders in Naivasha and surrounding areas.

nDuthi254 is a matching platform only. We are not a transport company, taxi operator, or carrier. We do not provide, operate, or control any transportation services. The legal contract for any Ride is made directly between the Passenger and the Rider — not with nDuthi254.

Riders on the Platform are independent operators. They are not employees, agents, partners, or representatives of nDuthi254. nDuthi254 does not direct, supervise, or control how Riders conduct their services.

nDuthi254's role is limited to facilitating the connection between Passenger s and Riders through technology. Once a match is made, the platform's primary function for that trip is complete.

Section 03

Acceptance of Terms

By registering an Account or using the Platform in any way, you agree to these Terms. Your continued use of the Platform constitutes ongoing acceptance of any updated Terms.

These Terms form a legally binding agreement between you and nDuthi254 under the laws of Kenya. If you are using the Platform on behalf of another person, you represent that you have the authority to bind that person to these Terms.

If you do not agree to any part of these Terms, you must not register an Account or use the Platform.

Section 04

Eligibility

To use the Platform as a Passenger , you must:

If you register on behalf of a minor under 18, the parent or guardian assumes full responsibility for the minor's use of the Platform and any consequences arising from it.

nDuthi254 reserves the right to verify eligibility at any time and to suspend or terminate Accounts that do not meet these requirements.

Section 05

Your Account

Registration

You must register an Account to request rides. You agree to provide your real name, a valid phone number, and any other information reasonably requested during registration. You may not use false identities or impersonate any other person.

Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify nDuthi254 immediately if you suspect any unauthorised access to your Account.

nDuthi254 is not liable for any loss arising from unauthorised use of your Account where you have failed to keep your credentials secure.

One Account Per Person

Each Passenger may hold only one active Account. Creating multiple Accounts to circumvent a suspension or for any other reason is a violation of these Terms.

Account Suspension and Termination

nDuthi254 may suspend or permanently terminate your Account at its discretion if you breach these Terms, engage in misconduct, or if continued access poses a risk to other users or the platform. You may also delete your Account at any time by contacting us.

Section 06

Booking Terms

How a Booking Works

When you submit a Trip Request, the Platform notifies nearby available Riders. A booking is only confirmed when a Rider accepts your request. Submitting a Trip Request does not guarantee that a Rider will be available or accept.

A confirmed booking means a Rider has agreed to come to your location. It does not constitute a fare agreement — that remains between you and the Rider.

Accurate Location Information

You are responsible for entering accurate pickup and drop-off locations. nDuthi254 is not liable for failed or delayed pickups caused by incorrect location information provided by you.

Passenger Readiness

You must be ready and present at the stated pickup location when your Rider arrives. Riders are not obligated to wait indefinitely. If you are not present within a reasonable time, the Rider may cancel the booking without liability to either party.

One Passenger Per Booking

A boda boda motorcycle is legally permitted to carry one pillion passenger in Kenya under the Traffic Act. Each Trip Request is for one Passenger only. You may not request a ride on behalf of multiple passengers in a single booking.

Prohibited Requests

You may not use the Platform to request transport of:

Violations of this clause will result in immediate Account termination and may be reported to law enforcement authorities.
Section 07

Fares & Payments

nDuthi254 does not set, regulate, collect, or process fares. The fare for any Ride is a matter agreed solely and directly between you and the Rider, before or at the commencement of the Ride.

nDuthi254 is not a party to any payment transaction between a Passenger and a Rider. All payments are made directly between the two parties, outside of the Platform, by whatever means they agree upon (cash, M-Pesa, or other).

nDuthi254 expressly disclaims any responsibility or liability for:

Passenger s are strongly advised to agree and confirm the fare with the Rider before boarding and to avoid making any advance payments before the Ride begins.

Section 08

Cancellations

Passenger -Initiated Cancellations

You may cancel a Trip Request at any time before boarding the Rider's motorcycle. nDuthi254 does not charge any cancellation fees, as we do not process payments.

However, you are expected to cancel promptly if you no longer need a Ride, as a courtesy to Riders who may be travelling to your location.

Repeat cancellations are monitored. Passenger s who habitually submit and cancel requests — particularly after Rider acceptance — are wasting Riders' time and fuel. This constitutes a breach of these Terms. nDuthi254 may issue warnings, restrict, or permanently suspend Accounts showing patterns of abusive cancellation behaviour.

Rider-Initiated Cancellations

A Rider may cancel an accepted booking at their discretion. nDuthi254 will attempt to match you with another available Rider. nDuthi254 is not liable for inconvenience, delay, or loss caused by a Rider cancellation.

No Financial Liability

Since nDuthi254 does not collect fares or process payments, we have no financial liability to you in the event of any cancellation by either party.

Section 09

Fare Disputes

As stated in Section 7, nDuthi254 is not a party to fare agreements between Passenger s and Riders. Accordingly:

nDuthi254 does not adjudicate, mediate, or resolve fare disputes. We cannot compel a Rider to reduce, refund, or adjust a fare, nor can we compel a Passenger to pay any particular amount.

If you experience a fare disagreement with a Rider:

  1. Attempt to resolve the matter directly and calmly with the Rider;
  2. If the dispute involves threats, extortion, or aggressive behaviour, remove yourself from the situation and contact the relevant authorities;
  3. You may report the Rider to nDuthi254 via the in-app reporting function or our contact channels, referencing the Trip ID and date. nDuthi254 may investigate the Rider's conduct and take appropriate action, including deactivation, but we are not in a position to provide financial remedies.

nDuthi254 may, at its sole discretion, facilitate communication between the parties, but this does not create any obligation on nDuthi254 to resolve the dispute financially.

Passenger s are advised: agree the fare before the trip starts. This is the most effective protection against fare disputes.

Section 10

Passenger Conduct

You agree to conduct yourself in a lawful, respectful, and responsible manner at all times when using the Platform and during any Ride.

You Must Not:

Consequences of Misconduct

nDuthi254 reserves the right to:

Riders may also report Passenger misconduct through the Platform. nDuthi254 takes all misconduct reports seriously and investigates each one before taking action.

Property Damage

If you cause damage to a Rider's motorcycle or personal belongings during a Ride, you are personally liable to the Rider for the cost of repair or replacement. nDuthi254 is not responsible for mediating or funding such disputes, but may facilitate contact between the parties.

Section 11

Refunds

nDuthi254 does not process, hold, or collect any payments from Passenger s. We therefore do not issue refunds of any kind.

Any payment you make is made directly to the Rider. Any request for a refund, reversal, or adjustment of payment must be addressed directly to the Rider concerned.

If a payment dispute involves M-Pesa or another mobile money service, you may also raise the matter directly with your mobile money provider in accordance with their dispute resolution procedures.

nDuthi254 may assist by providing trip records (timestamp, GPS match, Rider ID, trip status) to support your case with a Rider or service provider — but we cannot initiate or guarantee any financial restitution.

This limitation applies regardless of the reason for the refund request, including but not limited to: Rider cancellation, incomplete trips, or service dissatisfaction.

Section 12

Safety

Helmet Use

Under the Traffic Act Cap 403 and NTSA regulations, all motorcycle pillion passengers are legally required to wear a helmet in Kenya. Riders registered on nDuthi254 are expected to provide a pillion helmet. If a Rider does not have a helmet available, you have the right to decline the Ride without penalty.

Your safety is your responsibility too. Do not board a motorcycle without a helmet, regardless of the circumstances.

Rider Verification

nDuthi254 takes reasonable steps to verify Rider identity and motorcycle registration at the time of onboarding. However, we cannot guarantee that a Rider's licence, PSV badge, or insurance remains valid at all times during their use of the Platform. Passenger s are encouraged to check that the Rider's name, face, and motorcycle match the details shown in the app before boarding.

Emergency Situations

In an emergency during a Ride, contact the Kenya Police Service (999 or 112) or Kenya Red Cross (1199) directly. nDuthi254 is not an emergency service and cannot dispatch assistance. Trip records will be shared with law enforcement upon lawful request.

Night Rides

Passenger s using the Platform at night are advised to share their trip details with a trusted contact and to confirm the Rider's identity before boarding.

Section 13

Limitation of Liability

To the fullest extent permitted by the laws of Kenya, nDuthi254 expressly excludes liability for:

Platform liability is limited to the matching function only. Where nDuthi254 is found liable under any applicable law, our maximum liability shall not exceed the value of the Platform service directly associated with the incident — which, as a free matching service, is zero monetary value.

Road Accident Liability

Boda boda Riders are required by Kenyan law to hold valid PSV (Public Service Vehicle) insurance. Accident liability rests with the Rider and their insurer, not with nDuthi254. Passenger s are encouraged to confirm helmet availability and Rider verification before boarding any motorcycle.

Force Majeure

nDuthi254 is not liable for service interruptions caused by circumstances beyond our control, including but not limited to: internet outages, power failures, natural disasters, civil unrest, government restrictions, road closures, or NTSA enforcement actions.

Section 14

Data Protection & Privacy

nDuthi254 is committed to protecting your personal data in accordance with the Data Protection Act, 2019 (Kenya) and any regulations issued thereunder.

Data We Collect

When you use the Platform, we may collect:

How We Use Your Data

Your data is used to:

We do not sell your personal data to third parties. We do not share your data with advertisers.

Your Rights Under the DPA 2019

As a data subject under Kenyan law, you have the right to:

To exercise any of these rights, contact us at the details in Section 18. We will respond within the timelines required by the DPA 2019.

Data Retention

We retain trip and account data for a minimum of 12 months after your last activity to support dispute resolution and safety investigations. You may request earlier deletion of your Account, subject to any outstanding matters.

Section 15

Intellectual Property

All content on the Platform — including the nDuthi254 name, logo, interface design, software, and text — is the property of nDuthi254 and is protected by Kenyan copyright and intellectual property laws.

You may not reproduce, copy, modify, distribute, or commercially exploit any part of the Platform without prior written permission from nDuthi254.

Using the Platform does not grant you any ownership rights in the Platform or its content.

Section 16

Amendments to These Terms

nDuthi254 may update or revise these Terms from time to time. When we do, we will update the effective date at the top of this page. Where changes are material, we will make reasonable efforts to notify registered Passenger s via SMS or in-app notification.

Your continued use of the Platform after the effective date of any revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

If you do not agree with a revised version of these Terms, you must stop using the Platform and may request deletion of your Account.

Section 17

Governing Law & Disputes

These Terms are governed by and shall be construed in accordance with the laws of Kenya.

Any dispute arising from or relating to these Terms or the use of the Platform shall first be submitted to nDuthi254 for informal resolution. If the matter cannot be resolved informally within 30 days, either party may refer the dispute to the courts of Kenya with jurisdiction in Nakuru County.

Nothing in this clause limits your rights under Kenyan consumer protection law, including the Consumer Protection Act, 2012.

Section 18

Contact Us

If you have any questions about these Terms, wish to make a complaint, or wish to exercise your data rights, please contact us:

We will endeavour to respond to all enquiries within 3 business days.

For emergencies, do not contact nDuthi254 — contact the Kenya Police Service (999 / 112) or Kenya Red Cross (1199) directly.
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