Terms and condition

Terms and Conditions for Nobo Food Delivery App

Version 1.2

Effective Date: 1 March 2026]

Nobo ("we", "us", or "our") provides a technology platform that enables users to order food, groceries, and other products from participating merchants and arrange for their delivery (the "Service"). These Terms and Conditions ("Terms") govern your access to and use of the Nobo mobile application, website (if applicable), and related services.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any provision herein, you must not use the Service.

1. Definitions

User or you: Any individual accessing or using the Service as a customer placing orders.
Merchant: Restaurants, stores, or other businesses listed on the Service that offer products for order.
Courier: Independent delivery personnel engaged to fulfill deliveries.
Order: A request for products submitted through the Service.
Account: Your registered profile on the Service.

2. Eligibility

You must be at least 18 years of age (or the age of majority in Kenya) to use the Service. By registering or using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

3. Registration and Account

To use certain features, you must create an Account by providing accurate information (name, phone number, email, delivery address). You are responsible for maintaining the confidentiality of your login credentials and for all activities under your Account. Notify us immediately of any unauthorized use.

We reserve the right to suspend or terminate Accounts for violations of these Terms, fraudulent activity, or at our discretion.

4. Use of the Service

You may place Orders for products from Merchants.
The Service facilitates connections between you, Merchants, and Couriers but does not sell products directly.
Orders are contracts between you and the Merchant for the sale of products, and between you and the Courier for delivery (where applicable).
We act solely as an intermediary technology provider.

You agree to:

Provide accurate Order details (including special instructions, allergies).
Pay all applicable fees, including product price, delivery fee, service fee, and any taxes or tips.
Comply with all applicable Kenyan laws.

5. Orders and Payments

Orders are confirmed upon acceptance by the Merchant and (if delivery) Courier.
Product availability, pricing, and descriptions are provided by Merchants; we are not responsible for inaccuracies.
Payments are processed via integrated third-party gateways (mobile money, cards). Full payment is required at Order placement.
We may charge a service fee for platform use, displayed transparently before confirmation.
Refunds or adjustments are handled per Merchant policies or in cases of non-delivery/non-conformity; we facilitate but do not guarantee resolutions.

6. Delivery

Delivery times are estimates only; we do not guarantee exact timing due to traffic, weather, or other factors.
You must be available at the delivery address or provide alternative instructions.
Risk of loss passes to you upon delivery acceptance.
Couriers are independent contractors; we do not employ them and are not liable for their conduct beyond platform facilitation.

7. Prohibited Conduct

You shall not:

Use the Service for illegal purposes or to order prohibited items (e.g., prescription drugs without valid prescription, age-restricted products without verification).
Misrepresent information, impersonate others, or engage in fraud.
Interfere with the Service (e.g., hacking, overloading systems).
Harass Merchants, Couriers, or other users.
Abuse promotions or create multiple Accounts for unfair advantage.

Violation may result in immediate termination of access and reporting to authorities where appropriate.

8. Intellectual Property

The Service, including logos, text, graphics, and software, is owned by Nobo or its licensors and protected by Kenyan and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.

9. Disclaimers and Limitation of Liability

The Service is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for purpose, or non-infringement.

To the maximum extent permitted by law:

We are not liable for indirect, incidental, consequential, special, or punitive damages arising from your use of the Service.
Our total liability shall not exceed the amount you paid for the relevant Order in the preceding 12 months.
We are not responsible for product quality, Merchant performance, Courier conduct, or events beyond our reasonable control (force majeure).

10. Indemnification

You agree to indemnify and hold Nobo, its officers, directors, employees, and agents harmless from any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from your violation of these Terms, misuse of the Service, or infringement of third-party rights.

11. Termination

We may terminate or suspend your access at any time, without notice, for breach of these Terms or for any other reason. Upon termination, your right to use the Service ceases immediately.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be resolved exclusively in the courts of Nairobi, Kenya.

13. Changes to Terms

We may amend these Terms at any time. Continued use after posting changes constitutes acceptance. Material changes will be notified via the App or email where feasible.

14. Contact

For questions or notices: Email: support@nobo.co.ke

These Terms constitute the entire agreement between you and Nobo regarding the Service and supersede all prior understandings. No waiver of any provision shall be deemed a further or continuing waiver.

By using Nobo, you acknowledge that you have read, understood, and agree to these Terms.