Terms of Service

Terms of Service

These Terms of Service govern your use of the YatGo platform and all associated services. By accessing or using YatGo, you confirm that you have read, understood, and agree to be fully bound by these terms.

1. ACCEPTANCE OF TERMS

By accessing or using the YatGo platform (website, mobile application, or any related service), you confirm that you are at least 18 years of age, have read and understood these Terms, have the legal capacity to enter into a binding agreement, and agree to be fully bound by these Terms of Service. If you are using YatGo on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to any part of these Terms, you must immediately stop using the platform.

2. DEFINITIONS

3. PLATFORM USE AND ELIGIBILITY

To use YatGo as a Client, you must:

• Be at least 18 years old
• Provide accurate registration information
• Maintain a valid Kenyan phone number capable of receiving WhatsApp messages
• Agree not to misuse the platform for any unlawful purpose

YatGo reserves the right to suspend or permanently deactivate any account found to be in violation of these Terms, without prior notice, at its sole discretion.

4. BOOKING AND SERVICE DELIVERY

4.1 How Bookings Work

All delivery bookings are made through the platform. Upon submission of a booking request, YatGo’s operations team will review the request, confirm availability, provide a final price quote, and assign a vetted driver. No driver is assigned until the Client explicitly confirms the quoted price. Clients will receive driver details including name, vehicle type, and contact number via WhatsApp prior to pickup.

4.2 Goods YatGo Will Not Transport

YatGo will not transport:

• Illegal substances or contraband of any kind
• Firearms, ammunition, or explosives
• Live animals without prior written approval
• Human remains
• Hazardous chemicals or flammable materials not properly declared
• Perishable goods requiring temperature control unless a specialised vehicle is agreed upon in advance
• Any item prohibited under Kenyan law

4.3 Client Responsibilities

The Client is solely responsible for:

• Ensuring goods are properly packed and secured before handover
• Providing accurate pickup and delivery addresses
• Being available or having a representative available at both pickup and delivery points
• Declaring the accurate nature, weight, and value of goods at the time of booking

Important: Failure to accurately declare goods may void any liability or compensation claim.

4.4 Cancellations

YatGo reserves the right to cancel a booking if a suitable driver is unavailable, in which case the Client will receive a full refund of any amount paid within 24 hours.

5. PAYMENTS AND PRICING

5.1 Pricing

All prices are confirmed before any driver is assigned. The quote provided at confirmation is the final price unless there is a material change in the job scope such as additional stops, change of destination, or undisclosed weight of goods. YatGo reserves the right to revise a quote if such changes are communicated after confirmation.

5.2 Payment Methods

YatGo accepts M-Pesa, bank transfer, and any other method specified on the platform at the time of booking. All payments must be made in Kenya Shillings.

5.3 Fraudulent Payment Disputes

Any Client who initiates a fraudulent chargeback, reversal, or payment dispute without legitimate grounds will have their account immediately suspended pending investigation. If the dispute is found to be fraudulent, the Client will be liable for the full amount owed plus an administrative penalty and may be permanently banned from the platform.

5.4 Invoicing

Clients with registered accounts can access invoice history through their dashboard. Invoices are generated automatically upon job completion and sent from billing@yatgo.co.ke.

6. LIABILITY, INSURANCE AND CLAIMS

6.1 YatGo’s Commitment

YatGo Transport and Logistics is a professional transport and logistics company fully committed to the safe, professional, and timely delivery of all goods booked through its platform. In the event of loss or damage during transit, YatGo will conduct a thorough investigation before any compensation determination is made.

6.2 Driver Insurance Requirement

All Driver Partners operating within the YatGo network are required to maintain, at minimum, valid third-party insurance for the duration of their engagement with YatGo. Driver Partners are strongly advised to maintain goods-in-transit insurance covering the cargo they transport at all times.

YatGo reserves the right to suspend any Driver Partner whose insurance is found to have lapsed, pending renewal and verification. Failure to maintain valid insurance is grounds for permanent removal from the YatGo Driver Network.

6.3 Compensation Eligibility

Compensation may be considered by YatGo where:

• Loss or damage occurred during transit and is directly attributable to a failure in YatGo’s operations or the conduct of a YatGo Driver Partner
• The goods were accurately declared at the time of booking including nature, weight, and value
• The goods were properly packed and secured by the Client prior to handover
• The claim was reported to YatGo within 24 hours of the scheduled delivery time with supporting evidence

6.4 Compensation Assessment

Where a valid claim is established, compensation will be assessed based on:

• The declared value of the goods at the time of booking
• Photographic or documentary evidence provided by the Client
• The findings of YatGo’s internal investigation
• The terms of any applicable insurance policy held by the Driver Partner

YatGo reserves the right to determine the appropriate level of compensation at its sole discretion following investigation. Compensation, where approved, will be processed within 14 business days of the claim being validated.

6.5 Claims Process

Any claim for lost or damaged goods must be reported to YatGo within 24 hours of the scheduled delivery time by emailing support@yatgo.co.ke with:

• Photographic evidence where applicable
• A description of the goods and their declared value
• The job reference number

Claims submitted after 24 hours will not be considered.

6.6 What YatGo Does Not Compensate

YatGo will not provide compensation for:

• Goods that were not accurately declared at the time of booking
• Loss or damage resulting from inadequate packaging by the Client
• Delays or losses caused by circumstances beyond YatGo’s reasonable control including traffic, weather, road conditions, or government action
• Indirect, consequential, or economic losses of any kind including loss of income, business opportunity, or market access
• Claims reported more than 24 hours after the scheduled delivery time

6.7 High Value Goods

Clients transporting goods of significant value are strongly advised to arrange independent cargo insurance before booking. YatGo’s compensation assessment is limited to the declared value submitted at the time of booking.

6.8 Road Accidents

In the event that a driver is involved in a road accident during a job, YatGo will cooperate fully with any police or insurance investigation. YatGo does not provide vehicle insurance or personal accident cover for Driver Partners. Clients with high-value goods are strongly advised to obtain independent cargo insurance before booking.

6.9 Limitation of Liability

YatGo’s total aggregate liability to any Client in any 12-month period shall not exceed the total amount paid by that Client to YatGo during that same period, regardless of the nature or number of claims. This cap applies in addition to the declared value limitation in clause 6.7.

7. ACCOUNT SUSPENSION AND TERMINATION

YatGo may suspend or terminate any Client account immediately and without notice for:

• Providing false registration information
• Repeated cancellations without cause
• Abusive behaviour toward drivers or YatGo staff
• Fraudulent payment activity
• Attempting to circumvent the platform by contacting drivers directly to arrange off-platform jobs
• Any other conduct that YatGo determines, in its sole discretion, to be harmful to the platform, its drivers, or other users

Suspended Clients may submit a written appeal to support@yatgo.co.ke within 7 days of suspension. YatGo will respond within 5 business days.

8. NON-SOLICITATION

Clients who attempt to engage YatGo Driver Partners directly for off-platform work, whether during or after using YatGo’s services, may have their accounts permanently suspended. YatGo reserves the right to pursue damages against any Client found to have deliberately solicited Driver Partners away from the YatGo platform.

9. INTELLECTUAL PROPERTY

All content on the YatGo platform including text, graphics, logos, software, and design is the exclusive property of YatGo Transport and Logistics. No part of the platform may be copied, reproduced, distributed, or used for commercial purposes without prior written consent from YatGo.

10. FORCE MAJEURE

YatGo shall not be liable for any failure or delay in performance of its obligations where such failure or delay results from any cause beyond YatGo’s reasonable control, including but not limited to traffic conditions, road closures, floods, fuel shortages, government actions, civil unrest, or acts of God. In such circumstances YatGo will notify the Client as soon as reasonably practicable and will work to resume normal service without undue delay.

11. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed exclusively by the laws of the Republic of Kenya. Any dispute arising from or in connection with these Terms shall be resolved as follows:

• Mediation - first referred to mediation facilitated by YatGo’s management team
• Arbitration - if mediation fails within 14 days, the dispute shall be referred to binding arbitration under the Nairobi Centre for International Arbitration (NCIA) rules. The seat of arbitration shall be Nairobi, Kenya

Nothing in this clause prevents YatGo from seeking urgent injunctive relief from a Kenyan court.

12. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable under Kenyan law, that provision shall be modified to the minimum extent necessary to make it enforceable. All remaining provisions shall continue in full force and effect. The English language version of these Terms is the definitive and governing version.

13. AMENDMENTS

YatGo reserves the right to amend these Terms at any time. Clients will be notified of material changes via email or WhatsApp at least 7 days before changes take effect. Continued use of the platform after changes take effect constitutes acceptance of the revised Terms. For questions regarding these Terms, contact support@yatgo.co.ke.