Terms & Conditions of Service

Definitions

  1. In these terms, the following words mean:
    1. Affiliates: subsidiaries, holding companies, and entities under their control.
    2. Control: power to direct management/policies (directly or indirectly).
    3. Credit Application: Pargo Kenya’s credit form & terms.
    4. Courier: sub-contracted courier rendering delivery of Parcels.
    5. Client: the client named in the signed Rates Proposal.
    6. Entity/ies: any natural/juristic person or similar body.
    7. Fees: fees per the Rates Proposal and agreed amendments.
    8. Force Majeure: unforeseeable/uncontrollable events (war, terrorism, pandemic, natural disasters; excludes weather, strikes by affected party’s labour, financing/business considerations).
    9. Intellectual Property: IP in Platform/Services (designs, patents, marks, copyrights, know-how, etc.).
    10. Parcel: movable goods handled/stored/transported by Pargo Kenya/Courier.
    11. Rates Proposal: signed document with scope & pricing.
    12. Related Document: Rates Proposal, Credit Application, Software Subscription Agreement.
    13. Services: services Pargo Kenya provides (scope per Rates Proposal).
    14. Signature Date: date the last party signs these terms.
    15. Software Subscription Agreement: Pargo Kenya’s software licence terms (if applicable).
    16. Data subject / Personal Data: as per Kenya Data Protection Act 2019.
    17. Communication Channels: email, SMS, WhatsApp, etc.
  2. References:
    1. Ordinary business hours: 08:00–17:00 EAT on a business day.
    2. Business day: not Sat/Sun/public holiday in Kenya.
    3. Person: includes all entity forms.
    4. Enactments include amendments/replacements and subordinate legislation.
    5. Kenya legal processes read to include equivalents in other jurisdictions where applicable.
    6. Day counts exclude first day, include last; if last isn’t a business day, move to next business day.

Introduction

These terms and conditions ("Terms") govern your use of Pargo Kenya’s services and platform. By using our services, you agree to be bound by these Terms, the Rates Proposal, and any Related Documents. If you do not agree, do not use our services.

Services

  1. Pargo Kenya will provide the services described in the Rates Proposal and any Related Documents.
  2. Services may include parcel delivery, returns, tracking, and related logistics.
  3. Pargo Kenya may use Couriers and Affiliates to perform services.
  4. Service scope and pricing are as per the signed Rates Proposal.

Fees & Payment

  1. Fees are as set out in the Rates Proposal and any agreed amendments.
  2. Payment terms are as per the Credit Application and/or Rates Proposal.
  3. All payments must be made in KSh.
  4. Late payments may incur interest and/or suspension of services.

Parcels

  1. Pargo Kenya and Couriers will handle, store, and transport Parcels with reasonable care.
  2. Insurance is available for Parcels valued over KSh1000, subject to terms.
  3. Pargo Kenya is not liable for loss/damage unless due to gross negligence or willful misconduct.
  4. Claims must be submitted in writing within 7 days of delivery or expected delivery date.

Platform Access

  1. Access to the Pargo Kenya platform is subject to these Terms and any Related Documents.
  2. Pargo Kenya may suspend or terminate access for breach of these Terms.
  3. Users must keep login credentials secure and confidential.

Use Rules

  1. Users must comply with all applicable laws and regulations.
  2. No unlawful, abusive, or fraudulent use of the platform or services.
  3. Pargo Kenya may monitor usage and investigate suspected breaches.

Intellectual Property

All intellectual property in the Pargo Kenya platform and services remains the property of Pargo Kenya or its licensors. You may not copy, modify, distribute, or use any IP except as permitted by these Terms or with written consent.

Liability & Indemnity

  1. Pargo Kenya is not liable for indirect, incidental, or consequential damages.
  2. Liability is limited to the value of the affected Parcel or KSh1000, whichever is lower.
  3. You indemnify Pargo Kenya against claims arising from your breach of these Terms or misuse of the platform/services.

Force Majeure

Pargo Kenya is not liable for failure to perform due to Force Majeure events. If affected, Pargo Kenya will notify you and resume performance as soon as reasonably possible.

Confidentiality

  1. Both parties must keep confidential information secret and not disclose it except as required by law or with written consent.
  2. Obligations survive termination of these Terms.

Termination & Breach

  1. Pargo Kenya may terminate services or access for breach of these Terms.
  2. Termination does not affect accrued rights or obligations.

Dispute Resolution

  1. Disputes will be resolved by negotiation, failing which by arbitration before the Arbitration Foundation of Kenya.
  2. These Terms are governed by the laws of Kenya.

Cession

You may not cede, assign, or transfer any rights or obligations under these Terms without Pargo Kenya’s written consent. Pargo Kenya may cede or assign its rights at any time.

Legal Address & Notices

  1. Pargo Kenya’s legal address for notices is support.ke@pargo.com.
  2. Notices must be sent by email to this address.

Stipulatio Alteri

Any third party who benefits from these Terms is deemed to have accepted them upon claiming such benefit.

General Provisions

  1. If any provision is invalid, the remainder remains in effect.
  2. No waiver of rights unless in writing and signed.
  3. These Terms constitute the entire agreement between you and Pargo Kenya regarding the services.