HubCart Terms of Service

Company: HubCart Ltd.

Registration No.: PVT-KW1995BD

Registration Date: 2 April 2026

Website: www.hub-cart.com

Contact Email: support@hub-cart.com

Last Updated: 29 August 2026

Effective Date: 29 August 2026

1. Acceptance of Terms

By downloading, installing, or using the HubCart mobile application or web platform (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Platform.

These Terms constitute a legally binding agreement between you and HubCart Ltd., a private limited company incorporated in Kenya (Registration No. PVT-KW1995BD).

2. Platform Overview

HubCart is a multi-sided marketplace platform that connects:

Customers — individuals placing orders for food, products, equipment rentals, or rides.
Suppliers and Eateries — businesses and individuals selling goods or food via the platform.
Drivers and Riders — individuals providing delivery and transport services.
Employers and Job Seekers — users posting or applying for job vacancies.

HubCart acts as an intermediary technology platform and is not a party to the underlying transactions between users, except where explicitly stated.

3. Eligibility and Registration

3.1 Age Requirement

You must be at least 18 years old to use the Platform.

3.2 Identity Verification (KYC)

To access certain features (including payments, driving, and supplying goods), you must complete our identity verification process (KYC), which includes uploading a valid Kenyan National ID and, where applicable, a business registration certificate.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update it promptly if it changes. We reserve the right to suspend or terminate accounts with false or misleading information.

3.4 Account Security

You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. Notify us immediately at support@hub-cart.com if you suspect unauthorised access.

4. User Roles and Responsibilities

4.1 All Users

Use the Platform only for lawful purposes.
Treat other users, drivers, and support staff with respect.
Do not engage in fraud, impersonation, or harassment.
Do not attempt to circumvent platform fees or payment systems.
Do not use automated tools to scrape, spam, or manipulate the Platform.

4.2 Customers

Ensure delivery addresses are accurate before placing an order.
Be present or designate a recipient at the delivery address.
You may not cancel an order after a driver has been assigned, except through the platform's cancellation process (cancellation fees may apply).

4.3 Suppliers and Eateries

Ensure all listed products and menu items are accurately described, priced, and available.
Comply with all relevant Kenyan food safety, business licensing, and tax regulations.
Fulfil accepted orders promptly. Repeated order cancellations or non-fulfilment will result in account suspension.
Product images and descriptions must be genuine and not misleading.

4.4 Drivers and Riders

Maintain valid driving licence, vehicle registration, and insurance at all times.
Comply with all Kenyan traffic laws during deliveries and rides.
Accept only orders and rides you are able to complete professionally.
Do not carry undeclared passengers or goods during platform assignments.
Keep your location services active during active assignments.

5. Payments and Fees

5.1 Payment Method

All payments on the Platform are processed via M-Pesa (Safaricom). You must have a valid M-Pesa account linked to a Safaricom number to make or receive payments.

5.2 Platform Fees and Commissions

HubCart charges service fees and/or commissions on transactions. Current fee rates are displayed in the Platform and may vary by product category, order type, and user tier. We reserve the right to change fees with 14 days' notice.

5.3 Driver and Supplier Payouts

Earnings are paid out to your registered M-Pesa number on the schedule displayed in your dashboard. Payouts may be withheld pending investigation of disputes or policy violations.

5.4 Refunds

Refund eligibility depends on the nature of the issue:

Orders not delivered: full refund.
Orders delivered but incorrect: partial or full refund at HubCart's discretion after investigation.
Customer-initiated cancellations after driver assignment: subject to cancellation fee.
Disputes must be raised within 24 hours of the order completion time.

Refunds are limited to amounts actually collected for the order. HubCart holds

your payment in escrow and refunds are funded from that escrow. A refund will never

exceed the total amount paid for the order in question. Where the escrow for an

order has already been released to a supplier or driver, HubCart will pursue that

party for the amount owed (see clause 5.6) and will pay you what is recovered;

HubCart does not fund refunds from its own resources.

5.5 Taxes

You are responsible for any applicable taxes on your earnings or purchases. HubCart will provide transaction records to assist with your tax obligations but does not act as your tax agent.

5.6 Good Faith Undertaking and Recovery of Losses

HubCart acts in good faith as an intermediary connecting customers, suppliers and

drivers. HubCart is not the seller of goods, nor the carrier of them. **By using the

Platform you undertake to act in good faith** in your dealings with other users, and

you accept the following allocation of responsibility:

Suppliers must hand over goods matching the order. Escrow for the supplier's

share is released only after the collecting driver verifies and confirms pickup.

A supplier who does not hand over the goods will not be paid for them.

Drivers act as the verifier at collection and are responsible for the goods

once collected. Escrow for the driver's share is released only after the customer

confirms delivery. **A driver who collects goods and fails to deliver them is

responsible for the value of those goods**, in addition to forfeiting their

delivery earnings.

Customers must confirm delivery promptly and honestly, and must not raise

false claims of non-delivery or defect.

Where HubCart determines, after investigation, that a user has acted in bad faith —

including failing to hand over or deliver goods, or making a false claim — that user

may be immediately barred from the Platform, their pending earnings withheld,

and this clause forms the contractual basis on which HubCart may **recover from them

any resulting loss**, including amounts HubCart has paid or is obliged to pay to

another user, and reasonable costs of recovery. Amounts owed to HubCart under this

clause may be set off against any current or future earnings or balances held by

that user on the Platform.

Nothing in this clause limits your rights under the Consumer Protection Act, 2012.

6. Prohibited Activities

You may not use the Platform to:

Sell or transport illegal goods or substances.
Conduct financial fraud or money laundering.
Post false, defamatory, or misleading reviews or listings.
Harass, threaten, or discriminate against other users.
Upload malware, viruses, or harmful code.
Exploit minors in any way.
Violate any applicable Kenyan law or regulation.

Violation of these prohibitions may result in immediate account suspension, withholding of pending earnings, and referral to law enforcement.

7. Intellectual Property

All content on the Platform, including the HubCart name, logo, app design, software code, and documentation, is owned by HubCart Ltd. or its licensors and is protected by Kenyan and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

You grant HubCart a non-exclusive, royalty-free licence to use content you upload to the Platform (such as product images and menu items) solely for the purpose of operating and promoting the Platform.

8. Disputes Between Users

HubCart provides a dispute resolution mechanism within the Platform. We will attempt to mediate disputes fairly, but:

HubCart is not liable for disputes arising from false information provided by either party.
Our dispute decisions are final for transactions processed through the Platform.
For disputes involving amounts above KES 100,000, parties may seek resolution through the Kenyan courts.

9. Limitation of Liability

To the maximum extent permitted by Kenyan law:

HubCart is not liable for indirect, incidental, special, or consequential damages.
Our total liability to you for any claim arising from use of the Platform shall not exceed the total fees you paid to HubCart in the 30 days preceding the claim.
HubCart is not liable for delays or failures caused by circumstances beyond our control, including network outages, M-Pesa downtime, or acts of God.

10. Indemnification

You agree to indemnify and hold harmless HubCart Ltd., its directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising from:

Your use of the Platform.
Your violation of these Terms.
Your violation of any third-party rights.

11. Suspension and Termination

11.1 By You

You may close your account at any time by submitting a deletion request through the Platform or emailing support@hub-cart.com. Pending obligations (active orders, outstanding payouts) must be resolved first.

11.2 By HubCart

We may suspend or terminate your account:

Immediately, for serious violations (fraud, illegal activity, harassment).
With 7 days' notice, for repeated minor violations or inactivity.
Pending earnings will be paid out after any applicable hold period following investigation, unless forfeited due to policy violations.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via in-app notification at least 14 days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.

14. Contact Us

For any questions about these Terms:

HubCart Ltd.

Registration No.: PVT-KW1995BD

Website: www.hub-cart.com

Email: support@hub-cart.com