• Rider Terms and Conditions

    Mailman Express operating as Thirsty John’s (referred to in the agreement as “Thirsty John’s”, “we”, “us”, “our”, or the “Company”) acts as a market place for local liquor stores (the "Supplier", “Vendors”). The contract for the provision of delivery service is between you and the Supplier.

    Scope of Thirst John’s Market Place Services

    Thirsty John’s market place service enables registered motorcycle riders, drivers and store owners to access wines and spirit shops to offer delivery services to customers. Thirsty John’s does not own or manage supplier stores.

    Terms of Use

    You agree that before using the rider app you have provided accurate and current information required and have studied these terms and conditions and agree to abide by them.

    You are required to provide a valid and current Riders’ licence, certificate of good conduct, vehicle insurance, road worth vehicle and a GPS enabled mobile device including any other requirements necessary for confirmation. Failure to provide this may lead to the cancellation of any agreement between yourself and Thirsty John’s.

    Thirsty John’s grants you the right to use the rider app and does not grant you the right to sublease or transfer any rights of use to a third party or individual. You will also not allow any other person to use the Thirsty John’s app.

    You will not use the rider app for any unauthorized, unlawful activities or hinder its functioning in any way. In the cause of using the app, you should not;

    Decompile, reverse engineer, or attempt to obtain owned information such as source codes, innovations from the app or any other Thirsty John’s app or website.

    Modify the rider app in any way or use a different version.

    Try to or attempt to gain unauthorized access to the rider app or account for any of Thirsty John’s portal.

    Your use of the market place and the app is voluntary and at your sole risk.

    Thirsty John’s does not guarantee the continuous and uninterrupted availability and accessibility of Thirst John’s market place services.

    You agree to work and operate in the location/s where Thirsty John’s offers deliveries and adhere to local by-laws. You agree that you are solely responsible for compliance with any laws, rules, and regulations applicable to your use of market place services and the rider app.

    Your use of the rider app should stop immediately this agreement is revoked or access the rider account on any device. Thirsty John’s has the right to disable, block or delete any rider account without prior notice.

    Additionally, we may give you tags, labels, stickers or other signs that refer to the Thirsty John’s brand or otherwise indicate you are using the Thirsty John’s Platform. We grant you a non-exclusive, non-sublicensable, non-transferable license to use such signs and only for the purpose of indicating you are providing Delivery Services via the Thirsty John’s Platform. After termination of the Agreement, you must immediately remove and discard any signs that refer to Thirsty John’s brand.

    All copyrights and trademarks, including source code, databases, logos and visual designs are owned by Thirsty John’s and protected by copyright, trademark and/or trade secret laws and international treaty provisions. By using the Thirsty John’s Platform or any other Thirsty John’s Service you do not acquire any rights of ownership to any intellectual property.

    Thirsty John’s Fees

    To use the Thirsty John’s Services and platform, you are obliged to pay a fee (i.e. the Thirsty John’s Fee). The Thirsty John’s Fee is paid based on the total amount of the order of each Delivery Service ordered that you have completed. The amount of the Thirsty John’s Fee is made available to you via e-mail, Thirsty John’s App, Thirsty John’s Rider Account or other pertinent means.

    Please acknowledge that the Thirsty John’s Fee may change from time to time. We shall send you a prior notification of each such change. You are obliged to cover all costs incurred by us, which are related to debt collection activities or any other payment fee-related matters raised.

     You are required to provide either a bank account, M-Pesa number upon registration and any other documentation required to verify your details. We are not responsible for incorrect bank and mobile money transfer payments.

    In-app Payments and M-Pesa

    Thirsty John’s currently collects order payments and delivery fees and any other payments (Thirsty John’s Business etc) directly in the Thirsty John’s App and M-Pesa (i.e. In-app Payment). You hereby authorise us as your commercial agent to receive your commission or other fees paid by the Customer via In-app Payment and to forward relevant funds to you. Any payment obligation made by the Customer via the In-app Payment shall be considered fulfilled as of the time that the payment has been made.

    You may not refuse payment by the Customer via the In-app Payment or M-Pesa, or influence the Customer against the use of the In-app Payment or M-Pesa. In case you refuse to accept an In-app Payment without just cause, we shall be entitled to charge you a contractual penalty in the amount of 500 Kenya Shillings for every refusal and/or block your right to use the Thirsty John’s Services in case of repetitive behaviour.

    Thirsty John’s reserves the right to distribute promo codes to customers at our discretion on a per promotional basis. You are required to accept the use of promo code only when the customer applies the code in-app to a trip using In-app Payment. Promo codes may not be applied to cash paid orders. If the use of promo codes is suspected as being fraudulent, illegal, used by a Rider in conflict with our Terms and Conditions relating to promo code use, then the promo code may be cancelled and the outstanding amount will not be reimbursed by Thirsty John’s to the rider.

    If the option is available and the Customer chooses to Tip you, you can collect the tip. If the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used by a Rider in conflict with our Terms and Conditions and, then the Tip can be withheld by Thirsty John’s as part of commissions to be paid.

    You are entitled to review In-app Payment reports in the Thirsty John’s Rider Account or App. The reports will show the amounts of the In-app Payments brokered in the previous week as well as the withheld amounts of the Thirsty John’s Commission. You must notify us of any important circumstances which may affect our obligations to collect and distribute the charges paid via In-app Payment.

    We are not obliged to pay you the commission due from the Customer if the In-app Payment failed because Customers lack of funds or other payment is cancelled or is unsuccessful for other reasons. In such a case, we will help you in requesting the commission due from the Customer and we shall transmit it to you once the Customer has made the requested payment.

    While providing Delivery Services, you must verify that the service is being provided to the right Customer and correct address. If you make a mistake in identifying the Customer, and the delivery is provided to another person, who has not been provided or has not approved the Delivery Services for goods, then we shall reimburse the person for the cost of the order. In such a case you are not entitled to receive the Commission from us. Additionally, for every wrongfully delivered product, we shall be entitled to charge you a contractual penalty up to 200 Kenya shillings including the cost of goods.

    Please note that we will set off any commissions earned paid via In-app Payment against the amounts that you are obliged to pay to us (i.e. Thirsty John’s Commissions and contractual penalties). We reserve the right to fulfil any of your financial liabilities to any Thirsty John’s group companies, in which case we will acquire the right to submit a claim against you. We may set off any of your financial liabilities against financial liabilities that you may have against us.

    If we are not able to pay the commissions due to you, into your bank account details in your Rider´s account or M-Pesa details or if the payment details have been noted incorrectly, then we will hold such payments for 180 days. If you do not notify us of the correct bank account details within 180 days from the date that the right to claim such payments has been established, your claim regarding the payment of the commission not transferred to you shall expire.

    Providing Delivery Services

    Please read these terms and conditions carefully before taking any orders, as they contain important information about your rights and obligations and you will be bound by them. These order conditions, in conjunction with the information, set out on our website, and your rider application constitutes the entire agreement between ourselves and yourselves and covers all orders made through all our platforms.

    By using the Thirsty John’s rider app, you guarantee to provide Delivery services according to the terms and conditions as well as all laws and regulations applicable in the Country or County where you are providing Delivery services. You agree and accept responsibility for any violation of any local laws and regulations as may arise from providing Delivery services.

    It is your responsibility to keep current your Rider’s license, permits, approvals, registrations, insurances as required for providing Delivery services in the jurisdiction of operations. Thirsty John’s reserves the right to ask for evidence in this regard.

     You must professionally provide Delivery services and endeavour to keep customers interest and request met. This means you must take the quickest route possible, must not make any unauthorised stops or deliveries, make any unauthorised requests to the customer, must adhere to all applicable traffic rules and regulations, must not use your mobile phone will the vehicle is moving.

    You retain the sole right to determine when you are providing the Delivery Services. You shall accept, decline or ignore Delivery Services requests made by customers at your choosing.

     You are obliged to provide and maintain all equipment and means that are necessary to perform the Delivery Services at your own expense, including a motorbike, car, smartphone, etc. You are also responsible for paying all costs you incur in the course of performing the Delivery Services including, but not limited to, fuel, mobile data plan costs, duty fees, amortization of the vehicle, insurance, relevant corporate or payroll taxes, NHIF, NSSF etc. Please bear in mind that using the Thirsty John’s App may bring about the use of a large amount of data on your mobile data plan. Thus, we suggest you subscribe to a data plan with unlimited or very high data usage capacity.

     If you have any questions, please contact us on [email protected]

    Payments are made by the customers before delivery and are required as defined by order specifications. Such payment is strictly non-cash except in circumstances where Thirsty John’s, due to causes beyond its control, cancels or, at its absolute discretion, agrees to cancel the booking.

    Where two or more items are included on the same order, the delivery person is to ensure the contents of the delivery match the order before delivery.

    The destination and pickup addresses on your app are the address to which you will pick up the order and deliver your assigned order. Should the customer wish to change these or any other details, this must be done by directly with Thirsty John’s before delivery.

    Where a customer is not available to receive a delivery, it is a requirement the rider attempts to contact the customer.

    A rider can cancel a delivery if they deem the circumstances of the delivery are not safe for whatever reason.

    All orders must be clearly labelled with the customers' details name and delivery address.

    Riders will endeavour to deliver orders with the minimum incidences and inconvenience to customers. However, circumstances beyond our control may prevent the achievement of this responsibility. The following are examples of circumstances which are not within our control:

    • Accidents causing delays to the vehicle.
    • Restricted vehicular access.
    • Exceptional or severe weather conditions Compliant with requests of the police.
    • Deaths and accidents on the road.
    • Vandalism and terrorism.
    • Unforeseen traffic delays.
    • Industrial action or strike by third parties.
    • Problems caused by customers.
    • The vehicle being held or delayed by a police officer or government official.
    • Other circumstances affecting Customer safety.

    If Thirsty John’s fails for any reason within its control to deliver orders to their confirmed destination, Thirsty John’s will provide suitable alternatives such as another time for delivery or pick option. Any reimbursement made by Thirsty John’s for the costs of an alternative delivery time or location incurred to the customer shall be no more than the cost of any alternative delivery means.

    Thirsty John’s shall only be liable for any reasonable and foreseeable consequential losses arising directly out of a breach in contract. In such cases, our liability shall be limited to 500 Kenya shillings per order.

    Kenya Law will govern these conditions in all respects. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by either Thirsty John’s or you to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy.

    Thirsty John’s may adjust pay-out for a particular order, if we detect a violation (such as taking a longer route or delaying in starting delivery of Delivery Services) or in case a technical error affecting the final delivery fee is identified. Thirsty John’s may also reduce or cancel the pay-out in case we have reasonable cause to suspect fraud or a complaint by the Customer indicates a violation by you. Thirsty John’s will only exercise its right to reduce or cancel the delivery fee in a reasonable and justified manner. 

    After each successful provision of Delivery Services, Thirsty John’s shall create and forward a receipt to the Customer consisting of some or all of the following information: The Vendors business name, place of business, order number, time of order, delivery address list of products and payment type. The receipt of each provision of Delivery Services is available to you via the Thirsty John’s Rider Account. 

    You hereby acknowledge that you are obliged to fully comply with all tax obligations that arise to you from the applicable laws concerning providing the Delivery Services, including (i) paying income tax, NHIF, NSSF or any other tax applicable; and (ii) fulfilling all employee and tax registration obligations for calculations regarding accounting and transfers to applicable State authorities as required by the applicable law. In case the Tax authority will submit a valid application to us to provide information regarding the activities of you, we may make available to the Tax authority the information regarding the activities of you to the extent outlined in valid legal acts. Additionally, you should adhere to all applicable tax regulations that may apply in connection with the provision of Delivery Services. You hereby agree to compensate Thirsty John’s all state fees, claims, payments, fines or other tax obligations that Thirsty John’s will incur in connection with the obligations arising from applicable tax regulations not having been met by you (including paying the income tax and social tax).

     Ratings and Activity

    To guarantee high-quality service and provide additional reassurance to Customers, you hereby acknowledge that the customer may provide you a rating and leave feedback regarding the quality of the Delivery Services that you have provided. Your average rating will be linked to your Rider´s account and will be available to Customers at Thirsty John’s App. If we find out the rating or comment is not given in good faith, this rating or comment may not be projected in the calculations of your rating. 

    In addition to the rating, we measure your level of activity and provide you with an activity score, which is based on your activity regarding accepting, declining, not responding and completing Delivery Service requests.

    To provide reliable services to Customers, we may determine a minimum average rating and a minimum activity score that Riders must establish and maintain. If, after a pertinent notification from us, you do not increase your average rating or activity score to minimum level within the prescribed period, your Riders account will be automatically suspended either temporarily or permanently. We may reverse the suspension of your account if it is merited by any external circumstances or it is detected that the suspension was caused by a system error or false ratings.

     Relationship Between You, Us and The Customers

    You hereby acknowledge and agree that we provide an information society service and do not provide Delivery Services. By providing the Thirsty John’s Platform and Thirsty John’s Services, we act as a marketplace connecting Customers with Vendors to help them purchase goods around cities more efficiently. You acknowledge that you are providing the Delivery Services based on a contract for carriage of goods and that you provide the Delivery Services either independently or via a company as an economic and professional activity. Thirsty John’s, as the operator of Thirsty John’s App, acts as the commercial agent of the Riders for the mediation of conclusion of contracts between the Vendors and the Customers, and thus, among other things, accepts payments from the Customers and forwards the payments to the Vendor and Rider.

    You acknowledge that no employment agreement nor an employment relationship has been or will be established between you and us. You also acknowledge that no joint venture or partnership exists between you and us. You may not act as an employee, agent or representative of us nor bind any contract on behalf of us. If due to the implication of mandatory laws or otherwise, you shall be deemed an employee of the vendor, you hereby agree to waive any claims against us that may arise as a result of such implied employment relationship.

    You may not transfer your rights and obligations deriving from the General Terms or Agreement to any third party.

    Processing of Personal Data, Access to Data

    Your data will be processed following the Privacy Policy, available at Thirsty John’s Website. Thirsty John’s has access to all personal data and other data provided or generated in connection with your use of the Thirsty John’s Services. Thirsty John’s shall take all reasonable steps to ensure the confidentiality of such data and comply with all applicable Privacy Policies and laws whenever such data contains personal data. Except where otherwise provided by applicable Privacy Policies and laws, Thirsty John’s maintains access to such data also after the Agreement between you and Thirsty John’s is terminated.

    You have access to personal and other data provided by you or generated in connection with your use of the Thirsty John’s Services to the extent that is made available to you under your Thirsty John’s Rider Account through Thirsty John’s App. You shall take all reasonable steps to ensure the confidentiality of such data and comply with applicable Privacy Policies and laws as long and to the extent that such data contains personal data of Customers.

    Liability

    The Thirsty John’s Platform is provided on an "as is" and “as available” basis. We do not represent, warrant or guarantee that access to Thirsty John’s Platform will be uninterrupted or error-free. As the usage of Thirsty John’s Platform for requesting Delivery services depends on the behaviour of Customers, we do not guarantee that your usage of the Thirsty John’s Platform will result in any Delivery Service requests. 

    To the maximum extent permitted under the applicable law, we, nor Thirsty John’s representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using the Thirsty John’s Services, including but not limited to: any direct or indirect property damage or monetary loss; loss of profit or anticipated savings; loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business; loss or inaccuracy of data; and any other type of loss or damage. The financial liability of us in connection with violating the General Terms or Agreement will be limited to 1000 Kenya Shillings. You shall have the right to claim for damages only if we have deliberately violated the General Terms or Agreement.

    We shall not be liable for the actions or non-actions of the Customers and shall not be liable for any loss or damage that may incur to you or your vehicle as a result of actions or non-actions of the Customers.

    You shall be fully liable for breach of the General Terms, Agreement or any other applicable laws or regulations and must stop and remedy such breach immediately after receipt of a respective demand from us or any state authority. You shall indemnify us for any direct and/or indirect loss and/or damage, loss of profits, expense, penalty, fine that we may occur in connection with your breach of the General Terms, Agreement and laws and regulations. If Customers presents any claims against us in connection with your provision of Delivery Services, then you shall compensate such damage to us in full within 7 (seven) days as of your receipt of the respective request from us. In case we are entitled to present any claims against you, then you shall compensate us any legal costs related to the evaluation of the damages and submission of claims relating to compensation for such damage. 

    Term, Suspension and Termination

    The conditions expressly specified in these General Terms shall enter into force as of submitting the signup application. Agreements and other terms shall enter into force once the specific document or message has been made available to you and you commence or continue providing Delivery Services on Thirsty John’s Platform.

    You may terminate the Agreement at any time by notifying Thirsty John’s at least 7 (seven) days in advance, after which your right to use the Thirsty John’s Platform and Thirsty John’s Services shall terminate. Thirsty John’s may terminate the Agreement at any time and for any reason at the sole discretion of us by notifying you at least 3 (three) days in advance.

    Thirsty John’s is entitled to immediately terminate the Agreement and block your access to the Thirsty John’s Platform without giving any advance notice in case you breach the General Terms or Agreement, any applicable laws or regulations, disparage Thirsty John’s, or cause harm to Thirsty John’s brand, reputation or business as determined by Thirsty John’s in our sole discretion. In the aforementioned cases we may, at own our discretion, prohibit you from registering a new Rider account.

    We may also immediately suspend (block) your access to the Thirsty John’s Platform and the Thirsty John’s Rider Account for the period of investigation. If we suspect an infringement of the Agreement or fraudulent activity from your behalf. The block of access will be removed once the investigation disproves such suspicions.

    We are aiming to provide the highest quality service to all Customers, therefore, we are monitoring the activity of Riders on Thirsty John’s Platform. If you fail to meet the minimal service requirements, such as the minimal rating and activity score, we are entitled to immediately terminate the Agreement without giving any advance notice. 

    Modification

    Thirsty John’s reserve the right to modify these terms at any time under this provision.

    Thirsty John’s reserves the right to modify or terminate the market place service and your access to market place service and mobile app for any reason.

    Thirsty John’s reserves the right to amend these General Terms anytime by uploading the revised version on its website (thirstyjohns.delivery) and notifying you (e.g. via e-mail, Thirsty John’s App or Thirsty John’s Rider Account) whenever, in the reasonable opinion of Thirsty John’s, such amendments are material.

    Thirsty John’s shall provide at least 15 days advance notice (e.g. via e-mail, Thirsty John’s App or Thirsty John’s Rider Account) about the amendments that affect the rights of Business Users Operating in the Country, unless: Thirsty John’s is subject to a legal or regulatory obligation which requires it to amend the General Terms in a manner which does not allow it to respect the advance notice period; the immediate amendment is required to address an unforeseen and imminent danger related to health, safety or cybersecurity risks, or defending the Thirsty John’s Services, Customers or Riders from fraud, malware, spam or data breaches; you have elected to waive the advance notice period (e.g. you continue to use Thirsty John’s Services after receipt of the notice of amendment); or in the reasonable opinion of Thirsty John’s, amendments are beneficial for the Riders and do not require technical adjustments from them.

    If you do not agree to the amendments of the General Terms or other conditions of the Agreement, you have the right to terminate the Agreement by discontinuing the use of the Thirsty John’s Services and providing termination notice to Thirsty John’s. The termination of the Agreement takes effect on the effective date of the proposed amendment, unless otherwise provided in your termination notice. Your use of the Thirsty John’s Services on or after the effective date of the amendment constitutes your consent to be bound by the General Terms or Agreement, as amended.

    Applicable Law and Court Jurisdiction

    The General Terms and Agreement shall be governed by and construed and enforced per the laws of the Republic of Kenya. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be solved in the applicable court of law.

     If any provision of the General Terms is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. Date of entry into force of the General Terms: 15.08.2020

     Customer Support

    We provide the riders customer support regarding the use of the Thirsty Johns Services. We have the right to stop providing the customer support services in case you are in delay with any of the payments for more than 5 (five) calendar days. Please feel free to contact us on [email protected]