Get started

Legal

Terms of Service

These terms explain what you can expect from MOBIpawa and what we ask of you. They apply to every visitor, beneficiary, donor, and partner.

Last reviewed: 01 Jan 2025

1. Acceptance of these terms

By visiting /index.php, creating an account, applying as a beneficiary, contributing as a donor, or partnering with us, you agree to these terms. If you do not agree, please do not use the platform.

These terms apply alongside our Privacy Policy and Safeguarding Statement.

2. Who we are

MOBIpawa ("we", "us", "our") operates a program in Kenya that equips persons with mobility disabilities with customized motorbike carriers so they can earn a livelihood and own their means of production.

We are not a bank. We are not a lender. We do not charge beneficiaries interest or fees for the carriers we deliver.

3. Eligibility and accounts

  • You must be at least 18 years old to create an account.
  • You must provide accurate, current information about yourself.
  • You are responsible for the security of your password and for all activity under your account.
  • You must notify us immediately if you believe your account has been compromised.
  • One person, one account. Duplicate accounts may be merged or removed.

4. Beneficiary terms

Beneficiaries are participants in an economic opportunity program. They are not recipients of charity, and they are not customers purchasing a product. The following terms apply to every approved beneficiary:

  • Accurate application. You agree that all information you provide — identity, disability status, route plan, intended use — is true. Deliberate misrepresentation results in immediate removal from the program.
  • Verification. You consent to verification of your identity, disability status, and route plan by MOBIpawa and its designated partners.
  • No cost to you. We never ask a beneficiary for money at any stage. If anyone claiming to represent MOBIpawa asks you for payment, report it immediately to hello@mobipawa.org.
  • Ownership. Once your carrier has been delivered, accepted, and the ownership transfer completed, you own it. It is not leased, not rented, and not collateralised. No monthly payments are owed to MOBIpawa.
  • Publicity. We will not publish your name, photo, or story without your explicit consent. You can withdraw that consent at any time, and we will remove your campaign page within a reasonable period.
  • Use of the carrier. You agree to use the carrier for lawful livelihood purposes. You may not sell or pledge the carrier within 24 months of transfer without our written consent, and you may not use it to endanger passengers or the public.
  • Maintenance. You are responsible for the ordinary upkeep of your carrier after handover. We provide guidance and can connect you with partner mechanics.
  • Safeguarding. We have zero tolerance for abuse, exploitation, or harassment of any beneficiary or staff member. Concerns go directly to safeguarding@mobipawa.org.

5. Donor terms

  • Purpose. Contributions are made to a specific beneficiary's campaign or to the general fund. Funds are held by MOBIpawa and released to procurement once the target is reached.
  • No goods or services. Contributions do not purchase goods or services from MOBIpawa. They fund a carrier for a named beneficiary.
  • Allocation. If a campaign is cancelled, contributions to it are refunded or, with your consent, redirected to another beneficiary.
  • Publicity. You may contribute anonymously. Anonymous contributions are recorded internally for audit, but are not published.
  • Tax. Deductibility depends on your jurisdiction and filing status. Contact us for a receipt suitable for your tax authority.
  • Fraud. If you suspect fraudulent activity, stop the payment and contact us immediately.

6. Partner terms

  • Scope. Partnership is agreed in writing for each engagement. Referral partners carry no financial obligation; sponsors commit the amounts stated in their agreement.
  • Attribution. Public credit is offered by default and can be declined by the sponsor or the beneficiary. We reserve the right to decline sponsor attribution that would compromise a beneficiary's privacy.
  • Use of marks. Neither party grants the other rights to its trademarks or logos except as agreed in writing for the specific engagement.

7. Payments and refunds

All payments are processed by DPO Group, a regulated payment provider, or such other providers as we may appoint. We never store full card numbers on our servers.

  • Contributions are in Kenyan Shillings unless otherwise stated.
  • A contribution is only considered successful once confirmed by the payment provider's server-side response. Client-side confirmation alone is not sufficient.
  • Refunds are issued at our discretion where funds have been received in error, where a campaign is cancelled, or where we are required to do so by law.
  • Chargebacks raised in error may result in a temporary suspension of your account pending review.

8. Acceptable use

You agree not to:

  • Post false, misleading, defamatory, or unlawful content.
  • Attempt to access any account, campaign, or document that is not yours.
  • Harass, threaten, or exploit any beneficiary, donor, partner, or staff member.
  • Use the platform to launder money, evade sanctions, or fund unlawful activity.
  • Scrape, crawl, or automate access to the platform without our written permission.
  • Attempt to interfere with the platform's security or availability.

We may suspend or terminate any account that breaches these terms, without notice where necessary to protect other users or the program.

9. Intellectual property

The MOBIpawa name, logo, and the content we author on this platform are our property or used with permission. Beneficiary-submitted photographs and stories remain the property of the beneficiary and are displayed with consent.

You may not reproduce, distribute, or create derivative works from MOBIpawa content without our written permission, except for personal, non-commercial use.

10. Service availability

We work to keep the platform available and accurate, but we cannot guarantee uninterrupted access. We may suspend the platform for maintenance, security upgrades, or events outside our reasonable control.

11. Liability

To the maximum extent permitted by Kenyan law, MOBIpawa's liability for any claim arising from your use of the platform is limited to the amount you contributed in the twelve months preceding the claim, or KES 50,000, whichever is greater.

We are not liable for indirect, incidental, special, or consequential loss, or for the actions of third-party payment providers, hosting providers, or partner organisations acting outside our control.

Nothing in these terms limits liability for fraud, wilful misconduct, or any liability that cannot be limited under Kenyan law.

12. Changes to these terms

We may update these terms from time to time. Material changes will be announced on the platform and, where required, by email. Continued use after a change indicates acceptance.

13. Governing law

These terms are governed by the laws of the Republic of Kenya. Disputes are subject to the exclusive jurisdiction of the Kenyan courts.

14. Contact

Questions about these terms? Write to hello@mobipawa.org, or use our contact form.

This document is a plain-language summary and does not constitute legal advice. The definitive version, where applicable, is the signed agreement between MOBIpawa and each party.