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DELIVERYMALL ENTERPRISE LIMITED
TERMS AND CONDITIONS
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Effective Date : March 10, 2025
Last Updated : March 10, 2025
Governing Law : Republic of Kenya
Jurisdiction : Kisumu, Kenya
Contact : [email protected] | Tel: 0787 111 333
Website : deliverymall.co.ke
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1. ACCEPTANCE OF TERMS
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These Terms and Conditions ("Terms") constitute a legally binding agreement
between you and DeliveryMall Enterprise Limited ("DeliveryMall", "we", "us",
or "our"), governing your access to and use of:
- DeliveryMall User App
- DM Vendor App
- DM Driver App
- deliverymall.co.ke
By downloading, installing, creating an account, or using any DeliveryMall
application, you confirm you have read, understood, and agree to be bound by
these Terms and our Privacy Policy, which is incorporated by reference.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR USE OUR APPLICATIONS.
You must uninstall the application and cease using our services.
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2. ELIGIBILITY
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To use DeliveryMall services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts under Kenyan law
- Provide accurate and complete registration information
- Have a valid Kenyan phone number capable of receiving SMS
- Not have been previously banned or suspended from DeliveryMall services
Drivers must additionally hold a valid Kenyan driving licence applicable to
their vehicle category and comply with all transport regulations.
Vendors must hold all licences and permits required to sell their goods or
services under Kenyan law.
AGE RESTRICTION: Our services are strictly for adults aged 18 and over. We do
not knowingly permit individuals under 18 to register or use our platform.
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3. APPLICATIONS & USER ROLES
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Application Role Primary Activities
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DeliveryMall User App Customer Browse vendors, place orders,
track deliveries, make payments,
request services
DM Vendor App Merchant / Seller List products, manage inventory,
receive and process orders,
receive payments
DM Driver App Delivery Partner Accept delivery assignments,
navigate, confirm deliveries,
receive earnings
Each role is subject to the general terms herein plus role-specific terms
in Sections 7 (Vendors) and 8 (Drivers).
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4. USER ACCOUNTS
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4.1 Account Registration
You must register to access most platform features. You agree to provide
accurate, current, and complete information and keep it up to date.
4.2 Account Security
- You are responsible for maintaining the confidentiality of your credentials
- You must not share your account with any other person
- Notify us immediately at [email protected] if you suspect
unauthorised access
- DeliveryMall is not liable for losses from unauthorised use of your account
4.3 One Account Per Person
Each individual may maintain only one active account. Vendors and Drivers
may operate one account per entity. Creating duplicate accounts to circumvent
restrictions or bans is strictly prohibited.
4.4 Account Deletion
You may delete your account at any time via:
Profile --> Settings --> Delete Account
Deletion is subject to data retention terms in our Privacy Policy.
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5. OUR SERVICES
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DeliveryMall is a technology platform connecting customers, vendors, and
delivery drivers. Our services include:
- Marketplace : Connecting buyers with local vendors for food,
groceries, and products
- Delivery Services : Last-mile delivery of goods and parcels within
our service areas
- Errand Services : Handyman services, gas refills, water refills,
and related errands
- Vendor Platform : Tools for merchants to list, manage, and sell
products online
- Driver Platform : Tools for delivery partners to manage assignments
and earnings
PLATFORM ROLE: DeliveryMall is a technology intermediary. We facilitate
transactions between customers, vendors, and drivers but are not the seller of
goods or the employer of drivers in the traditional sense, unless explicitly
stated otherwise.
Service availability, pricing, and features may vary by location and are
subject to change. We reserve the right to modify, suspend, or discontinue any
service at any time with reasonable notice.
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6. ACCEPTABLE USE & PROHIBITED CONDUCT
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By using our platform, you agree NOT to:
- Use the platform for any unlawful purpose or in violation of Kenyan law
- Submit false, inaccurate, or misleading information
- Impersonate any person or entity
- Use automated tools, bots, or scripts to access or scrape the platform
- Attempt to gain unauthorised access to our systems or other user accounts
- Engage in fraudulent transactions, chargebacks, or payment abuse
- Harass, threaten, or abuse other users, vendors, or drivers
- Post defamatory, offensive, or harmful content in reviews or messages
- Use our platform to distribute spam or unsolicited communications
- Circumvent, disable, or interfere with any security features
- Order prohibited, illegal, or counterfeit goods or services
- Create fake orders or manipulate ratings and reviews
Violations may result in immediate account suspension or termination and may
be reported to law enforcement authorities.
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7. VENDOR-SPECIFIC TERMS
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[Applies exclusively to DM Vendor App users]
7.1 Vendor Responsibilities
- Ensure all listed products and services comply with Kenyan consumer
protection laws
- Maintain accurate inventory, pricing, and availability information
- Prepare orders promptly and within the stated preparation time
- Ensure food and consumable products meet health and safety standards
- Hold all required business licences, health certificates, and permits
- Not list prohibited or illegal items on the platform
7.2 Commission & Fees
DeliveryMall charges a commission on each completed transaction. Commission
rates are communicated during vendor onboarding and may be updated with
14 days' notice. Continued use after notice constitutes acceptance of
updated rates.
7.3 Payouts
Vendor earnings are processed and paid out per the schedule agreed during
onboarding, minus applicable commissions and transaction fees. Payouts are
made via M-Pesa or bank transfer.
7.4 Product Listings
DeliveryMall reserves the right to remove any listing that violates these
Terms, applicable law, or our content policies, without prior notice.
7.5 Vendor Liability
Vendors are solely responsible for the quality, safety, and accuracy of
their products and services. DeliveryMall is not liable for product defects,
food safety issues, or misrepresentation by vendors.
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8. DRIVER-SPECIFIC TERMS
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[Applies exclusively to DM Driver App users]
8.1 Driver Status
DeliveryMall drivers are INDEPENDENT CONTRACTORS, not employees of
DeliveryMall. Nothing in these Terms creates an employment, agency,
partnership, or joint venture relationship.
8.2 Driver Requirements
- Valid Kenyan national ID or passport
- Valid driving licence applicable to your vehicle
- Valid vehicle registration and insurance
- Roadworthy vehicle in good working condition
- Smartphone capable of running the DM Driver App
8.3 Driver Obligations
- Accept and complete deliveries with care and professionalism
- Maintain correct GPS location sharing during active deliveries
- Submit accurate delivery proof photographs upon completion
- Maintain a minimum customer rating as specified by DeliveryMall
- Comply with all traffic laws and regulations
- Not subcontract deliveries to unauthorised third parties
- Keep your vehicle, licence, and registration up to date
8.4 Driver Earnings
Earnings are calculated per delivery based on distance, delivery type,
and applicable surge pricing. DeliveryMall deducts a platform service fee
from gross earnings. Payouts are made via M-Pesa on the agreed schedule.
8.5 Driver Insurance & Liability
Drivers are responsible for maintaining appropriate vehicle insurance.
DeliveryMall does not provide vehicle insurance for drivers. Drivers are
liable for any damage caused to third parties, goods, or property while
performing deliveries.
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9. PAYMENTS & FEES
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9.1 Payment Methods
We accept the following via Paystack and Flutterwave:
- M-Pesa
- Airtel Money
- Visa / Mastercard
- Bank Transfer
9.2 Pricing
All prices are in Kenyan Shillings (KES) and include applicable taxes unless
stated otherwise. Delivery fees are calculated and displayed before order
confirmation. Prices may vary based on distance, demand, and vendor pricing.
9.3 Payment Authorisation
By placing an order and confirming payment, you authorise DeliveryMall to
charge the stated amount to your selected payment method. All transactions
are final upon confirmation unless a valid refund claim is raised per
Section 10.
9.4 Failed Payments
If a payment fails, your order will not be processed. DeliveryMall is not
liable for losses arising from failed payments due to insufficient funds
or network issues.
9.5 Taxes
Vendors are responsible for all applicable taxes on their sales. DeliveryMall
may collect and remit VAT where required by Kenyan law.
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10. CANCELLATIONS, REFUNDS & DISPUTES
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10.1 Order Cancellations
Stage Policy
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Before vendor accepts order Free cancellation, full refund
After vendor accepts, before Cancellation may incur a fee;
preparation partial refund possible
During preparation or after driver Cancellation fee applies; no refund
assigned of preparation costs
After delivery confirmed No cancellation; dispute process
applies
10.2 Refund Eligibility
Refunds may be considered for:
- Items not received due to driver or vendor error
- Significantly incorrect order (wrong items delivered)
- Damaged, spoiled, or unsafe food/products
- Duplicate charges due to system error
10.3 Refund Process
Contact us within 24 hours of delivery:
Email : [email protected]
Include : Order number + evidence/photos
Approved refunds are processed within 5-7 business days to the original
payment method.
10.4 Disputes Between Users
DeliveryMall will mediate disputes between customers, vendors, and drivers
in good faith. Our decision in such disputes is final and binding. We reserve
the right to withhold payment or issue partial refunds during investigations.
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11. INTELLECTUAL PROPERTY
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All content on the DeliveryMall platform -- including logos, app design,
software code, graphics, text, and trademarks -- is the exclusive property of
DeliveryMall Enterprise Limited and is protected by Kenyan and international
intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable licence
to use the DeliveryMall apps solely for their intended purposes.
You may NOT:
- Copy, modify, or distribute any part of our platform or content
- Reverse engineer, decompile, or attempt to extract source code
- Use our trademarks, logos, or branding without prior written consent
- Create derivative works based on our platform or services
User-generated content (reviews, photos) remains your property, but you grant
DeliveryMall a worldwide, royalty-free licence to use, display, and distribute
such content in connection with our services.
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12. DISCLAIMER & LIMITATION OF LIABILITY
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12.1 Disclaimer of Warranties
DeliveryMall services are provided "AS IS" and "AS AVAILABLE" without
warranties of any kind, whether express or implied, including but not limited
to implied warranties of merchantability, fitness for a particular purpose,
or uninterrupted service.
12.2 Service Availability
We do not guarantee that our apps or services will be available at all times.
DeliveryMall is not liable for losses arising from service unavailability.
12.3 Limitation of Liability
To the fullest extent permitted by Kenyan law, DeliveryMall's total liability
to you for any claim shall not exceed the amount you paid to DeliveryMall in
the 30 days preceding the event giving rise to the claim.
We are NOT liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, data, or goodwill
- Actions or omissions of vendors or drivers
- Third-party service failures (payment processors, SMS providers, etc.)
- Events outside our reasonable control (force majeure)
12.4 Third-Party Content
Product descriptions, images, and pricing provided by vendors are the
responsibility of those vendors. DeliveryMall is not liable for inaccuracies
in vendor-provided content.
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13. INDEMNIFICATION
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You agree to indemnify, defend, and hold harmless DeliveryMall Enterprise
Limited, its directors, officers, employees, agents, and partners from and
against any claims, liabilities, damages, losses, costs, or expenses
(including reasonable legal fees) arising out of or in connection with:
- Your use of or access to our apps and services
- Your violation of these Terms
- Your violation of any applicable law or third-party rights
- Any content you submit, post, or transmit through our platform
- Any products or services you sell through the platform (vendors)
- Any deliveries you perform through the platform (drivers)
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14. SUSPENSION & TERMINATION
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14.1 By DeliveryMall
We reserve the right to suspend or permanently terminate your account,
without notice or liability, if you have:
- Violated any provision of these Terms
- Engaged in fraudulent, illegal, or harmful conduct
- Provided false registration information
- Persistently received poor ratings that undermine platform quality
- Engaged in abuse, harassment, or threats against other users
14.2 By You
You may terminate your account at any time via:
Profile --> Settings --> Delete Account
Or by contacting: [email protected]
14.3 Effect of Termination
Upon termination, your right to access and use our services immediately
ceases. Sections 11, 12, 13, 15, and 16 survive termination.
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15. DISPUTE RESOLUTION
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15.1 Informal Resolution
Before initiating formal legal proceedings, contact us at:
[email protected]
Allow us 30 days to resolve the dispute informally.
15.2 Arbitration
If informal resolution fails, disputes shall be resolved through binding
arbitration in Kisumu, Kenya, in accordance with the Arbitration Act,
Chapter 49 of the Laws of Kenya. Language of arbitration: English.
15.3 Class Action Waiver
You agree that dispute resolution proceedings will be conducted on an
individual basis only. You waive any right to participate in class action
lawsuits or class-wide arbitration against DeliveryMall.
15.4 Consumer Rights
Nothing in these Terms limits your rights under the Kenya Consumer
Protection Act, 2012 or other applicable consumer protection legislation.
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16. GOVERNING LAW
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These Terms are governed by and construed in accordance with the laws of the
Republic of Kenya. Subject to the arbitration clause above, you consent to the
exclusive jurisdiction of the courts of Kisumu County, Kenya.
For users accessing the platform from outside Kenya (including diaspora
customers), local consumer protection laws may also apply and are not excluded
by these Terms.
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17. CHANGES TO THESE TERMS
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When we make material changes, we will:
- Update the "Last Updated" date on this document
- Send a push notification or email to registered users at least 7 days
before changes take effect
- Display a prominent in-app notice
Continued use of our services after the effective date constitutes your
acceptance of the updated Terms. If you do not agree, stop using the platform
and delete your account.
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18. CONTACT US
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Company : DeliveryMall Enterprise Limited
Email : [email protected]
Phone : 0787 111 333
Website : deliverymall.co.ke
Address : Kisumu, Kenya
App Download (Android):
https://play.google.com/store/apps/details?id=com.deliverymall.userke
iOS: App coming soon. Use Add to Home Screen via Safari (PWA) in the meantime.
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Google Play Store Compliant | Apple App Store Compliant
Kenya DPA 2019 Compliant | Governing Law: Republic of Kenya
(c) 2025 DeliveryMall Enterprise Limited. All rights reserved.
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