Terms, Conditions & Privacy

By creating an account, accessing, or using the Platform — or by depositing cargo with a registered 940x agent — you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

If you are accepting on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least 18 years of age and legally capable of entering into contracts under the Laws of Kenya to use the Platform.

940x is a technology marketplace that connects cargo senders with fleet owners and drivers for freight and logistics services within Kenya and, where enabled, across the East African region. 940x is not itself a freight carrier or logistics company.

The Platform facilitates: (a) online cargo booking and fleet matching; (b) walk-in cargo intake through registered 940x agent shops (“dukas”), where agents book on behalf of customers who do not require their own account; (c) waybill generation and physical receipt printing; (d) real-time vehicle tracking by waybill number or account login; (e) payment processing and invoicing; (f) fleet and driver management tools; and (g) analytics and reporting.

940x reserves the right to modify, suspend, or discontinue any feature of the Platform at any time with reasonable notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Registered users must provide accurate, current, and complete information during registration and keep their account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

Walk-in customers who deposit cargo at a registered 940x agent duka do not require a personal account. The agent collects your name, phone number, pickup and delivery details, and cargo description on your behalf, and issues you a printed waybill and SMS confirmation. By depositing cargo with an agent, you agree to these Terms as they apply to cargo senders.

You must notify us immediately at security@940x.co.ke if you suspect unauthorised access to your account. 940x will not be liable for any loss arising from unauthorised use of your account where you have not promptly notified us.

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, or engage in conduct that is harmful to the Platform or other users.

As a cargo sender (whether booking online or via a walk-in agent) you are responsible for: (a) providing accurate descriptions of cargo including weight, dimensions, hazard classification, and special handling requirements; (b) ensuring your cargo is legally permitted for transport; (c) properly packaging cargo to prevent damage in transit; and (d) obtaining all necessary licences, permits, and insurance for your cargo.

You must not use the Platform to transport prohibited goods including, but not limited to: illegal firearms and ammunition; controlled substances; hazardous materials without proper certification; live animals without the required documentation; or any items whose transport is prohibited by Kenyan law or applicable international regulations.

940x does not insure cargo. You are strongly advised to obtain appropriate cargo insurance. 940x's liability for cargo loss or damage is limited as set out in Section 9.

A registered 940x agent is a business or individual approved by 940x to operate a walk-in cargo intake point. Agents access the Platform through the dedicated agent portal and act on behalf of walk-in customers who do not have their own accounts.

As a registered agent you agree to: (a) accurately record all cargo details provided by walk-in customers; (b) weigh cargo and record the correct weight; (c) issue a printed waybill and SMS confirmation to every walk-in customer; (d) collect payment from walk-in customers only through the amounts calculated by the Platform; (e) not solicit off-platform payments or divert bookings away from the 940x network; and (f) maintain your premises to a standard appropriate for receiving and temporarily holding cargo.

Agent commission is credited to the agent wallet automatically upon shipment confirmation and is subject to the commission rates set out in the agent agreement. 940x reserves the right to adjust commission structures with 14 days' notice.

Agents are independent contractors, not employees or agents of 940x in a legal sense. Nothing in these Terms creates an employment, franchise, or partnership relationship between 940x and any agent. 940x may suspend or terminate agent access for breach of these Terms or the agent agreement, including for persistent intake errors, customer complaints, or off-platform payment collection.

Fleet owners and drivers must hold all licences, permits, certificates, and insurance required by the National Transport and Safety Authority (NTSA), the Kenya Revenue Authority, and any other relevant authority for the vehicles and cargo types they operate.

You represent and warrant that: (a) all vehicles listed on the Platform are roadworthy and compliant with Kenyan vehicle standards; (b) all drivers hold a valid Kenyan driving licence of the appropriate class; (c) you carry third-party liability insurance covering at minimum the statutory minimum required by Kenyan law; and (d) you will maintain these qualifications throughout your use of the Platform.

940x may conduct periodic verification checks on fleet listings and driver credentials. Providing false information is grounds for immediate account termination and may constitute a criminal offence under Kenyan law.

Fleet owners are independent contractors, not employees, agents, or partners of 940x. Nothing in these Terms creates an employment relationship or agency between 940x and any fleet owner or driver.

Platform fees and commission rates are visible within the Platform settings and communicated at sign-up or agent onboarding. 940x reserves the right to modify fee structures with 30 days' written notice. Commission rates may be adjusted with 14 days' notice.

All amounts are quoted in Kenyan Shillings (KES) unless otherwise stated and are inclusive of applicable VAT at the prevailing rate. You are responsible for all taxes applicable to your activities on the Platform.

Payments processed through the Platform are subject to our payment processor's terms. In the event of a dispute over a payment, contact us at billing@940x.co.ke. Chargebacks initiated without first attempting resolution through our disputes process may result in account suspension.

When a customer makes payment for a booking through the Platform, funds are held by 940x in a designated escrow account on behalf of both parties until the delivery is confirmed and the dispute window (Section 9) has closed without a dispute being raised.

940x acts solely as an escrow agent in this arrangement. Holding funds in escrow does not make 940x a party to the contract of carriage, nor does it create any carrier, insurer, or bailee relationship between 940x and the cargo or either party.

Upon expiry of the 24-hour dispute window with no dispute raised, 940x will disburse the agreed fleet owner portion (total payment less the applicable platform commission) to the fleet owner via M-Pesa or such other method as notified by 940x from time to time. The platform commission is non-refundable once disbursement has occurred.

Where payment is made directly to a fleet owner or agent outside the Platform (circumventing escrow), 940x is unable to enforce the dispute process or withhold payment, and accepts no liability for any resulting loss to either party. Circumventing Platform payments is a breach of these Terms and may result in account or agent suspension.

Following confirmation of delivery by the driver on the Platform, the customer has 24 hours (the “Dispute Window”) to raise a dispute regarding the delivery. The Dispute Window begins at the time the delivery status is recorded on the Platform.

Online customers may raise a dispute through the order detail screen. Walk-in customers who received cargo via an agent may raise a dispute by calling or messaging support@940x.co.ke with their waybill number within the same 24-hour window.

Once a dispute is raised, 940x will freeze disbursement to the fleet owner pending resolution. If no dispute is raised within the Dispute Window, the order is automatically marked complete and funds are released. 940x will not accept disputes raised after the Dispute Window has closed except in cases of fraud, which must be reported within 7 days at disputes@940x.co.ke with supporting evidence.

Disputes are subject to review by 940x's support team. 940x may request evidence from both parties (photographs, communications, tracking data). 940x's decision on disbursement following a dispute review is final and binding, subject to any rights either party may have under Kenyan law. 940x does not guarantee recovery of the full cargo value and is not itself financially liable for cargo loss or damage.

940x is a technology intermediary and is not a carrier, freight forwarder, or insurer. 940x's maximum liability for loss of or damage to cargo arising from use of the Platform is limited to KES 50,000 per shipment, or the declared cargo value (whichever is lower), and only where 940x is found directly at fault through its own acts or omissions.

Fleet owners, not 940x, bear primary liability for cargo in their custody. You are strongly advised to obtain appropriate cargo insurance before each shipment, particularly for high-value goods.

You agree not to: (a) use the Platform for any unlawful purpose or in violation of applicable law; (b) impersonate any person or entity or misrepresent your affiliation; (c) attempt to gain unauthorised access to any part of the Platform or its underlying systems; (d) transmit any malware, viruses, or other harmful code; (e) scrape, crawl, or otherwise extract data from the Platform without our written consent; (f) manipulate reviews or ratings; (g) circumvent or attempt to circumvent Platform fees by transacting with matched parties outside the Platform within 12 months of introduction; or (h) engage in price-fixing, anti-competitive behaviour, or any conduct that violates the Competition Act (Cap. 504).

The Platform, including all software, design, text, graphics, and data, is owned by 940x or its licensors and is protected by Kenyan and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Platform other than a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose.

By submitting content to the Platform (including reviews, images, or business information) you grant 940x a worldwide, royalty-free, sub-licensable licence to use, reproduce, modify, and display that content in connection with operating and marketing the Platform.

The Platform is provided “as is” without warranty of any kind. 940x does not warrant that the Platform will be uninterrupted, error-free, or meet your specific requirements.

To the maximum extent permitted by law, 940x's aggregate liability to you for any claim arising from or related to your use of the Platform shall not exceed the greater of: (a) the total fees paid by you to 940x in the three months preceding the event giving rise to the claim; or (b) KES 10,000.

940x shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages.

Nothing in these Terms limits 940x's liability for fraud, death or personal injury caused by negligence, or any other liability that cannot be excluded under Kenyan law.

We encourage parties to resolve disputes amicably. If you have a complaint, please contact us at support@940x.co.ke in the first instance. We aim to respond within 5 business days.

If a dispute cannot be resolved informally within 30 days, either party may refer the matter to mediation under the Nairobi Centre for International Arbitration (NCIA) Mediation Rules. If mediation fails, the dispute shall be resolved by binding arbitration under the NCIA Arbitration Rules, with proceedings conducted in Nairobi and in the English language.

Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or restrain infringement of intellectual property rights or misuse of confidential information.

These Terms are governed by and construed in accordance with the Laws of Kenya. Subject to the dispute resolution provisions above, you irrevocably submit to the exclusive jurisdiction of the courts of Nairobi, Kenya for any matter not referred to arbitration.

940x may update these Terms from time to time. We will notify you of material changes via the email address associated with your account or through a notice on the Platform at least 14 days before the changes take effect. Walk-in customers who do not have an account will be notified via in-duka signage and on our website. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

If you do not agree with the revised Terms, you must stop using the Platform and may close your account by contacting us at support@940x.co.ke.

Account & identity data: Name, email address, phone number, national ID or passport number (for driver/fleet verification), KRA PIN, company registration number, and profile photograph.

Location data: Real-time GPS coordinates of vehicles when the driver app is active, pick-up and delivery addresses, and historical route data. You can disable location tracking via your device settings, but this will prevent core features from functioning.

Transaction data: Cargo booking records, pricing, payment references, invoices, and order history.

Device & usage data: IP address, device type, operating system, app version, pages visited, features used, crash logs, and session timestamps.

Communications: In-app messages between parties, support tickets, and email correspondence with 940x.

Walk-in customer data (collected by agents): When you deposit cargo at a registered 940x agent duka without an account, the agent collects your full name, phone number, pickup and delivery addresses, and cargo description on your behalf. This data is entered into the Platform to create a booking and generate your waybill. You do not need to provide this directly to 940x — the agent acts as the data intake point on our behalf.

Verification documents: Driving licences, NTSA vehicle inspection certificates, PSV/NFB badges, and proof of insurance, collected only for fleet owners and drivers.

We process your personal data for the following purposes and legal bases:

• —Contract performance: Matching cargo with vehicles, processing payments, enabling in-app communication, providing real-time tracking, and generating waybills for walk-in and online customers.
• —Legitimate interests: Platform security, fraud detection, abuse prevention, product improvement, and anonymised analytics.
• —Legal obligation: Compliance with NTSA regulations, KRA reporting obligations, anti-money laundering checks, and responding to lawful requests from Kenyan authorities.
• —Consent: Marketing communications (you may withdraw consent at any time by clicking unsubscribe or contacting us).

We do not sell your personal data. We share data only in the following circumstances:

Between users: Cargo senders and fleet owners see each other's name, contact details, and relevant order information necessary to complete a booking. Location data is shared with senders only while their order is in transit.

With registered agents: Walk-in customers' booking and waybill data is visible to the agent who created the booking, so they can answer customer queries about the shipment. Agents are bound by a data processing agreement and may not use this data for any purpose other than operating the intake point.

Service providers: Payment processors (Stripe, Pesapal), cloud hosting (AWS Africa — Cape Town), SMS gateway (Africa's Talking), analytics (self-hosted), and email delivery. All processors are bound by data processing agreements.

Regulatory authorities: We may disclose personal data to NTSA, KRA, the ODPC, or law enforcement agencies where required by law or a valid court order.

Business transfers: In connection with a merger, acquisition, or sale of all or part of our business, your data may be transferred as part of that transaction, subject to equivalent privacy protections.

We retain personal data for as long as necessary to fulfil the purpose for which it was collected and to comply with legal obligations:

• ›Active account data: For the life of your account.
• ›Order & transaction records: 7 years after the transaction (KRA requirement).
• ›Driver & vehicle documents: 3 years after account closure or document expiry.
• ›Communications logs: 2 years.
• ›Location history: 12 months.
• ›Anonymised analytics: Indefinitely (no longer personal data).

After the applicable retention period, data is securely deleted or anonymised.

Under the Kenya Data Protection Act 2019 you have the following rights in relation to your personal data:

• ·Access: Request a copy of the personal data we hold about you.
• ·Rectification: Request correction of inaccurate or incomplete data.
• ·Erasure: Request deletion of your data where there is no overriding legal basis for retention.
• ·Restriction: Request that we restrict processing of your data in certain circumstances.
• ·Data portability: Receive your data in a structured, machine-readable format.
• ·Objection: Object to processing based on legitimate interests.
• ·Withdraw consent: Withdraw consent at any time where processing is based on consent.

To exercise any of these rights, contact our Data Protection Officer at dpo@940x.co.ke. We will respond within 21 days. If you believe we have violated your data protection rights, you have the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) at www.odpc.go.ke.

Our web application uses the following categories of cookies:

• →Strictly necessary: Required for authentication and security. Cannot be disabled.
• →Functional: Remember your preferences (theme, language, recent searches). Can be disabled.
• →Analytics: Measure page performance and feature usage using self-hosted analytics. No data is sent to third parties. Can be disabled.

We do not use advertising or cross-site tracking cookies. You can manage cookie preferences in your browser settings or within the Platform settings.

We implement appropriate technical and organisational measures to protect your personal data, including: AES-256 encryption of data at rest; TLS 1.3 for data in transit; access controls on a need-to-know basis; regular penetration testing; and multi-factor authentication for administrative access.

In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the ODPC within 72 hours of becoming aware and will inform affected users without undue delay where the risk is high.

For any questions about this Privacy Policy or to exercise your rights, contact our Data Protection Officer:

We take privacy concerns seriously and aim to resolve all queries within 21 days. If you remain dissatisfied, you may escalate to the ODPC at www.odpc.go.ke.