MOJA TERMS AND CONDITIONS

(For users of the Nairobi Expressway)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE MOJA SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE MOJA SERVICES.

1. Contractual Relationship

These Terms of Use ("Terms and Conditions") govern the access and continued use by you of the Nairobi Expressway, the MOJA Traffic Integrated Management System and toll collection service (collectively, the "MOJA Services") made available by Moja Expressway Company Limited (Company Number PVT-XYUJQ62), a private limited liability company incorporated under the Laws of Kenya, having its offices at Nairobi Expressway Plaza, along Mombasa Road, opposite City Cabanas, Embakasi, Nairobi ("MOJA") and which expression includes MOJA’s subsidiaries, successors-in-title, permitted assigns and affiliates ("Affiliates").

TAKE NOTICE that the terms and conditions in this document shall thus serve as the terms of use of the Nairobi Expressway for the Electronic Toll Collection (ETC) Service and Manual Toll Collection (MTC) Card users.

These Terms and Conditions constitute a legally binding agreement between you and MOJA (together, the Parties and each Party).

2. Definitions and Interpretation

“Device” means any terminal devices, equipment or hardware including all related accessories and software supplied by MOJA to you including the OBU and MTC Card.

“Electronic Toll Collection or ETC” means electronic collection of Toll Points through the OBU.

“ETC Lane” means the designated Electronic Toll Collection Lane that shall be designated as such on the Expressway and Toll Stations to facilitate Electronic Toll Collection.

“ETC Subscriber Registration Form” means the subscription registration forms that potential ETC Users shall be required to complete and whose terms such Users must fully adhere to, prior to registration as an ETC User and being issued with an OBU Device in accordance with clause 5.1 (MOJA’s Rights and Obligations) below.

“ETC Services” means use of the ETC Lane, OBU Device, ETC System or any other Device, facilities or functions related to the foregoing availed to you by MOJA.

“ETC System” means MOJA’s system that facilitates Electronic Toll Collection.

“ETC Users” means the individuals or corporations who have completed the ETC Subscriber Registration Form, been duly registered with MOJA as such, and unconditionally accepted to fully comply with the terms and conditions set out herein. ETC Users is used interchangeably with “you” (where applicable) in these Terms and Conditions.

“Manual Toll Collection or MTC” means manual collection of Toll Points through the MTC Card.

“MTC Card” means the Card that is issued to MTC Users (upon their completion and approval of the MTC Subscriber Registration Form) that can hold loaded Toll Points and allows Manual Toll Collection at the Toll Stations.

“MTC Lane” means the designated Manual Toll Collection Lane on the Expressway and Toll Stations that facilitates Manual Toll Collection.

“MTC Card Subscriber Registration Form” means the subscription registration form that potential MTC Card Users shall be required to complete prior to being issued with an MTC Card.

“MTC Services” means use of the MTC Lane, MTC Card, MTC System or any other Device, facilities or functions related to the foregoing availed to MTC Users by MOJA.

“MTC System” means MOJA’s system and processes that facilitate the Manual Toll Collection.

“MTC Card Users” means the individuals or corporations who have completed the MTC Card Subscriber Registration Form, been duly registered with MOJA as such, and unconditionally accepted to fully comply with the terms and conditions set out herein. MTC Users is used interchangeably with “you” (where applicable) in these Terms and Conditions.

“MOJA Profile” means the road user’s interface created on MOJA’s official website for purposes of accessing the MOJA Services. The MOJA Profile shall contain:

  • (a) In the case of a natural person who is at least 18 years of age, the Personal Data set out below:
    • (i) name,
    • (ii) national identification or passport number,
    • (iii) address, and
    • (iv) mobile phone number.
  • (b) In the case of a corporation or other legal person, the Personal Information set out below:
    • (i) company name (as it appears in the certificate of incorporation/certificate of compliance) or registered business name;
    • (ii) registration number;
    • (iii) KRA PIN; and
    • (iv) contact persons’ Personal Information (including their names, national identification or passport numbers, addresses, and mobile phone numbers).

“MOJA Services” means the access and continued use of the Nairobi Expressway, MOJA’s Traffic Integrated Management System, MOJA’s toll collection service and other auxiliary services provided by MOJA in relation to the foregoing.

“MOJA Traffic Integrated Management System” means MOJA’s system comprising of all software and hardware that will be used in the operation of the Nairobi Expressway.

“Nairobi Expressway Plaza” means the operations centre that road users shall visit for registration or any other MOJA Services, based at Mombasa Road, next to Eastern Bypass Interchange, opposite City Cabanas, Embakasi, Nairobi (or if its location changes, as such other location as shall be notified to you on MOJA’s Website).

“Nairobi Expressway” means the 27.1 kilometres dual carriageway with Class A Standard that connects Mlolongo with James Gichuru Road along the median strip of the A8 National Road with controlled access.

“On-Board Unit or OBU” means an electronic device provided by MOJA and installed on a motor vehicle of an ETC User, that can hold and have Toll Points deducted from it, and which facilitates automatic access of Toll Stations by ETC Users.

“Personal Information” means:

  • (a) in the case of a legal person or entity, information that consists of facts about such person whose identity is, or can reasonably be, ascertained from such information or opinion; and
  • (b) in the case of a natural person, means Personal Data, as defined under the Data Protection Act, 2019 and in the MOJA Privacy Policy.

“Service Charges” means any other charges that road users may be charged from time to time, aside from the Toll Fee, for access and use of the MOJA Services.

“Supplemental Terms” means terms related to certain features and functionality of the MOJA Services, which may be modified from time to time.

“Third Party Provider” has the meaning in clause 6 (Provision of the MOJA Services).

“Toll Fee” is the amount payable by road users to access and use the Nairobi Expressway depending on the distance travelled on the same, which will be charged in Kenya Shillings by way of cash or satisfied by way of Toll Points and calculated according to the Toll Rates.

“Toll Points” means the points that ETC Service and MTC Card Users shall acquire and have been loaded on to their OBU Device or MTC Card (as applicable), which Toll Points shall be collected at Toll Stations in lieu of the Toll Fee chargeable only.

“Toll Rates” means the rates gazetted under the Public Road Tolls Act, 1984 that would be applicable to the Nairobi Expressway.

“Toll Station” means the structures, equipment, devices and other utilities erected at various locations along the Nairobi Expressway required in order to regulate the entry and exit of vehicles, facilitate the collection of Toll Fees and Toll Points and co-ordinate road users’ access to and use of the Nairobi Expressway.

“Top-Up” means the act by an ETC Service User and MTC Card Users of acquiring Toll Points (by whatever means) and the loading of such Toll Points onto the OBU or the MTC Card.

In these Terms and Conditions, the words "including" and "include" mean "including, but not limited to."

3. General Terms and Conditions

3.1. These Terms and Conditions expressly supersede prior agreements or arrangements with you if any. MOJA may immediately terminate these Terms and Conditions or any of the MOJA Services with respect to you, or generally cease offering or deny access to the MOJA Services or any portion thereof, at any time for any lawful reason.

3.2. MOJA may amend the Terms and Conditions from time to time and such amendment will be considered Supplemental Terms and such amendments may include the express expungement or replacement of terms. The Supplemental Terms will be effective upon your acceptance of the same following MOJA’s publishing of such Supplemental Terms on its website (www.nairobiexpressway.ke) or under your MOJA Profile. After such publication and provided such Supplemental Terms do not materially alter or affect your use of the MOJA Services, if you decline or otherwise fail to accept such Supplemental Terms, but continue to access the Nairobi Expressway or use the MOJA Services, such access or use shall constitute and be deemed to amount to your consent to be bound by the Supplemental Terms.

3.3. For the avoidance of doubt, neither ETC, MTC or any other designation of road user, may access the Nairobi Expressway and utilise the MOJA Services without being bound and adhering to these Terms and Conditions (as may be amended from time-to-time by the Supplemental Terms).

3.4. Unless restricted by applicable laws, you agree that all your Personal Information (including Personal Data), collected in connection with these Terms and Conditions, may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with the MOJA’s prevailing Privacy Policy, as amended from time to time.

3.5. You may not assign or transfer these Terms and Conditions in whole or in part without MOJA’s prior written approval. You give your approval to MOJA for it to assign or transfer its rights and obligations under these Terms in whole or in part, including to: (i) an Affiliate; (ii) an acquirer of MOJA’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, MOJA or any Third-Party Provider as a result of the contract between you and MOJA or use of the MOJA Services.

3.6. If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms and Conditions but the legality, validity and enforceability of the other provisions in these Terms and Conditions shall not be affected. In that event and by notice, the parties shall replace as Supplemental Terms, the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms and Conditions.

4. The MOJA Services

4.1. Unless otherwise agreed by MOJA in a separate written agreement with you, the MOJA Services are made available solely for your personal and non-commercial use. Each service provided by a Third-Party Provider to you shall constitute a separate legal agreement between you and the Third-Party Provider. You acknowledge that MOJA does not provide any form of transportation services or function as a transportation carrier or transportation service provider or own any vehicles for transportation and that all such transportation services are provided by third parties who are not employed by MOJA or any of its affiliates nor operate under MOJA’s control.

4.2. In addition, you acknowledge that MOJA is not a bank, deposit-taking institution, payment service provider or any form of a financial institution. MOJA is strictly a Traffic Management System provider and toll collection entity.

5. Parties’ Rights and Obligations

5.1. MOJA’s Rights and Obligations

5.1.1. MOJA shall provide a safe, secure, clean and well-maintained road to you for convenience, ease of movement and connectivity.

5.1.2. Subject to clause 12.7 (Activities) and the other provisions of the Terms and Conditions, MOJA shall issue you with access to the MOJA Services and ensure normal operation of the ETC and MTC Systems, subject to these Terms and Conditions.

5.1.3. Upon proper registration as:

  • (a) an ETC Service User, MOJA will install and activate an OBU on the ETC User’s vehicle. You acknowledge that the OBU remains the property of MOJA, or
  • (b) an MTC Card User, MOJA shall issue you with an MTC Card. You acknowledge that the MTC Card remains the property of MOJA.

5.1.4. Once registered as an ETC Service User or MTC Card User, MOJA shall provide you with access to after-sales services including MOJA Profile management, information updates, services related to loss of the OBU / MTC Card and replacement of the OBU / MTC Card and so on PROVIDED THAT all such information updates, data and other materials concerning such after-sales services and which are to be found on our website (or to which MOJA otherwise provides you with access) (the Web Information) shall always remain the exclusive property of MOJA (unless otherwise stated therein) and are subject to the following limitations:

  • (a) the Web Information is provided only for you to obtain a general understanding of the issues to which such information relates and does not form part of these Terms and Conditions; and
  • (b) you may not rely on such Web Information as legal advice of any kind, and
  • (c) such Web Information shall not constitute a waiver of or otherwise absolve you of your liability for any of the obligations under clause 5.2 (Your Obligations) and these Terms and Conditions.

5.1.5. MOJA shall ensure that the transaction data in the ETC System / MTC System is accurate and valid, but this obligation does not relate to information relating to purchase of Toll Points or payments to Third Party Providers.

5.1.6. Due to system delays that are not within MOJA’s control, in reconciliation, transmission or loss of the transaction data, you may receive the benefit of Toll Points which you have not paid for, either partially or fully (“Unpaid Toll Points”). MOJA reserves the right to recover the Unpaid Toll Points from you from subsequent payments for Toll Points. In addition, if such unpaid Toll Points are not paid for within thirty (30) days from the date you received the Unpaid Toll Points, MOJA may register you in its restricted list or take lawful actions to recover the same and this right shall survive your deregistration of your MOJA Profile or termination of these Terms and Conditions.

5.1.7. Subject to applicable laws, MOJA undertakes to keep confidential, in accordance with these Terms and Conditions (and other operational policies) the Personal Information and consumption data you provide in the application for and during the continued use of the MOJA Services.

MOJA also reserves the right to suspend any MOJA Service if you are found to be in breach of these Terms and Conditions.

5.2. Your Obligations

5.2.1. You shall always strictly observe the traffic laws and regulations and follow instructions on road usage to be issued by MOJA.

5.2.2. You shall provide the data and information required under the ETC Subscriber Registration Form or MTC Card Subscriber Registration Form (or in any other form of application for an OBU or MTC Card) and ensure that such data and information are true, accurate, complete and legal at all times during your use and enjoyment of MOJA Services. MOJA reserves the right to revoke, suspend or bar your MOJA Profile on the basis of inconsistent or otherwise false information provided at registration or during your continued use of MOJA Services.

5.2.3. You shall take reasonable care of the OBU or MTC Card and ensure that it contains information that is consistent with that which is registered and is dedicated to the vehicle so registered. If you breach this provision, MOJA may refuse to provide you with services through the OBU or MTC Card (as may be applicable) and you will have to pay Toll Fees manually (cash).

5.2.4. You shall not uninstall, lease, lend or otherwise transfer to any other vehicle the OBU without MOJA’s written permission and attending the Nairobi Expressway Plaza to effect such uninstallation, lease or transfer. If you do not comply with this provision, you shall be liable for, including without limitation, termination of ETC services and the relevant expenses and economic losses of MOJA arising therefrom.

5.2.5. You consent to, agree to and accept the methods used by MOJA to record transactional data conducted through the ETC and MTC systems and warrant the accuracy of such data you provide for such purpose.

6. Provision of the MOJA Services

You acknowledge that portions of the MOJA Services may be made available under MOJA’s various brands or request options associated with transportation. You also acknowledge that the MOJA Services may be made available under such brands or request options by or in connection with: (i) certain of MOJA’s affiliates; or (ii) independent third-party providers, including Toll Point Top-up agents, such as commercial banks and so on, who facilitate the provision of various MOJA Services to road users (“Third Party Providers”).

7. License

Subject to your compliance with these Terms and Conditions, MOJA grants you a limited, non-exclusive, non-assignable, revocable and non-transferable license to access and use any content, information and related materials that may be made available through the ETC or MTC Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are reserved by MOJA and MOJA's licensors.

8. Restrictions

8.1. In addition to the general obligations set out under the sub-heading “Activities” in clause 12.7 below, you specifically agree to not, without the prior explicit written consent of MOJA: (i) remove any copyright, trademark or other proprietary notices from any portion of the MOJA Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the MOJA Services except as expressly permitted by MOJA; (iii) decompile, reverse engineer or disassemble the MOJA Services; (iv) link to, mirror or frame any portion of the MOJA Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the MOJA Services or unduly burdening or hindering the operation and/or functionality of any aspect of the MOJA Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the MOJA Services or its related systems or networks.

8.2. You are not permitted to resell, barter or otherwise derive economic gain from transacting on OBU Device and/or MTC Card with third-parties or on behalf of Third-Party Providers.

8.3. In addition, you are barred from registering more than one MOJA Profile as a road user. This is to ensure that such registration is not geared towards breaching any applicable laws or circumventing the requirements set in place by MOJA (including those set out under these Terms and Conditions).

9. Third Party Services and Content

The MOJA Services may be made available or accessed in connection with services or content provided by Third-Party Providers, including advertising, towing services and so on (“Third-Party Services”) that MOJA does not control. You acknowledge that different terms and conditions of use and privacy policies may apply to your use of such Third-Party Services. MOJA does not endorse such Third-Party Services and in no event shall MOJA be responsible or liable for any products or services of such Third-Party Providers.

10. Ownership of MOJA Services

The MOJA Services and all rights therein are and shall remain MOJA’s property or the property of MOJA’s licensors. Neither these Terms and Conditions nor your use of the MOJA Services convey or grant to you any rights: (i) in or related to the MOJA Services except for the limited license granted above; or (ii) to use or reference in any manner MOJA’s company names, logos, product and service names, trademarks or services marks or those of MOJA’s licensors irrespective of whether or not they are registered or un-registered.

11. Devices

Where applicable:

11.1. All Devices supplied to you are subject to such Device manufacturer’s limited warranty.

11.2. MOJA will be responsible for the repair or replacement of any faulty Device in accordance with the Device manufacturer’s warranty. You may incur additional charges for the repair or replacement of any Device which is out of warranty or for any Devices noted to have been damaged as a result of your actions or negligence.

11.3. The risk of loss, theft or damage to a Device shall pass to you upon delivery or installation of the Device to your vehicle. You shall be responsible for the cost of replacement of any lost or damaged Devices which are out of warranty or stolen Devices.

11.4. You may be required to accept end user license agreements prior to use of a Device software. You acknowledge that failure to accept such end user license terms may limit your use and enjoyment of the Device or Device software.

11.5. Further, the Devices, all other equipment provided by MOJA, or other proprietary tangible or intangible assets, remain the sole property of MOJA and you may not re-sell, barter or otherwise dispose of the same, save for surrendering the same back to MOJA.

11.6. In addition, all intellectual property rights in the MOJA Services, including any trademarks are the property of MOJA. Any unauthorised reproduction, modification, distribution or republication of the MOJA Services, materials or intellectual property, without prior express written consent of MOJA is strictly prohibited.

12. Use of the MOJA Services

12.1. User Profile

12.1.1. To use most aspects of the MOJA Services, you may be required to register for and maintain an active personal user MOJA Profile ("MOJA Profile"). As a Nairobi Expressway user, you must be at least 18 years of age, to set up and maintain a MOJA Profile. MOJA Profile registration requires you to also submit to MOJA certain personal information, such as your name, address, mobile phone number and age.

12.1.2. You may only register one MOJA Profile as a Nairobi Expressway user.

12.1.3. You agree to maintain accurate, complete, and up-to-date information in your Profile. Your failure to maintain accurate, complete, and up-to-date Profile information, may result in your inability to access and use the MOJA Services or in MOJA’s termination of the MOJA Services and these Terms and Conditions.

12.1.4. You are responsible for all activity that occurs under your MOJA Profile, and you agree to maintain, at all times, the security and secrecy of your MOJA Profile. Unless otherwise permitted by MOJA in writing, you may only possess one MOJA Profile.

12.2. ETC Service

12.2.1. If you seek to use the ETC Service you will be required to complete the ETC Subscriber Registration Form and provide all the relevant information and documentation requested thereunder. Once MOJA approves your application to use the ETC Service, under the ETC Subscriber Registration Form, installation of the OBU on your motor vehicle will be done. You must then purchase Toll Points which will be uploaded into such OBU. The value of the remaining Toll Points shall be (i) notified to you from time to time or (ii) be accessible by you on your MOJA Profile. The Toll Points loaded into the OBU shall be valid for one (1) year.

12.2.2. Toll Points are only accepted by MOJA and at designated Toll Stations. Toll Points are not intended to function as transactional currency to be accepted by any third-party or for any other purpose than for the collection of the Toll Fee.

12.2.3. The OBU that shall be installed in your vehicle shall be able to be detected at the barriers on the designated ETC Lanes to allow access and seamless movement of ETC Users on the Nairobi Expressway.

12.2.4. The Toll Points loaded into the OBU are non-refundable and non-transferable. However, upon application, MOJA may transfer the OBU to another vehicle.

12.2.5. There shall be clearly marked ETC Lanes that you shall use, if registered for the ETC service. MOJA shall not be held liable if you inadvertently use the MTC Lanes. In such a situation, you shall be liable to pay the Toll Fee in cash or using the manual payment options.

12.2.6. You must always ensure sufficient Toll Points are loaded into your OBU to ensure uninterrupted ETC services.

12.2.7. All classes of vehicles as gazetted from time to time, except Class 6 Trucks, can be registered for ETC services.

12.2.8. In case of loss of your OBU, you must report the same to MOJA. MOJA will then freeze the OBU within 24 hours. MOJA will not be liable for the consumption of Toll Points before the reporting of such loss and within the processing period of 24 hours. If you file a loss report and MOJA does not freeze the OBU after such 24-hour period, MOJA will only be liable for Toll Points consumed to a maximum of Toll Points equivalent to KES 5,000.00.

12.3. MTC Service

12.3.1. If you seek to use the MTC Card, you will be required to complete the MTC Card Subscriber Registration Form and provide all the relevant information as requested thereunder. Once MOJA approves your application to use the MTC Card, under the MTC Card Subscriber Registration Form, MOJA will issue you with an MTC Card and Toll Points which will be loaded into the MTC Card. The value of the remaining Toll Points shall be (i) notified to you from time to time or (ii) be accessible by you on your MOJA Profile. The Toll Points loaded into the MTC Card shall be valid for one (1) year.

12.3.2. Toll Points are only accepted by MOJA and at designated Toll Stations. Toll Points are not intended to function as transactional currency to be accepted by any third-party or for any other purpose than for the collection of the Toll Fee.

12.3.3. The MTC Card issued shall be used to access and use the Expressway. Toll Points shall be deducted from the MTC Card at the exit point along the Expressway.

12.3.4. The Toll Points loaded into MTC Card are non-refundable and non-transferable.

12.3.5. MTC Card users shall strictly use the clearly marked MTC Lanes on the Expressway.

12.3.6. All classes of vehicle from class 3 to 6 shall be eligible for registration to use the MTC Card.

12.4. User Requirements and Conduct

12.4.1. The MOJA Services are not available for use by persons under the age of 18. You may not allow persons under the age of 18 to utilise your MOJA Profile. You agree to comply with all the traffic laws and any other applicable laws when using the MOJA Services, and you may only use the MOJA Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).

12.4.2. You undertake that while using the MOJA Services, you will not cause nuisance, annoyance, inconvenience, or property damage to other road users and to any other party.

12.4.3. In certain instances, you may be asked to provide proof of identity to access or use various MOJA Services, and you agree that you may be denied access to the MOJA Services if you refuse or otherwise fail to provide proof of identity.

12.5. Text Messaging

12.5.1. By registering or using MOJA Services, you agree that MOJA may send you text (SMS) messages as part of the normal business operation, to notify you of the following matters, including but not limited to:

  • Profile opening
  • Toll Point balance reminders
  • Nairobi Expressway closure for certain durations

12.5.2. You may opt-out of receiving such text (SMS) messages at any time by following the directions found on MOJA’s website (www.nairobiexpressway.ke). You acknowledge that opting out of receiving text (SMS) messages may impact your enjoyment of all the MOJA Services.

12.6. Network Access and Devices

12.6.1. You are responsible for obtaining mobile data network access necessary to use certain MOJA Services (where applicable). Your mobile network's data and messaging rates and fees may apply if you access or use the MOJA Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the MOJA Services and applications and any updates thereto.

12.6.2. MOJA will take reasonable steps to ensure that the MOJA Traffic Integrated Management System is operational. However, MOJA does not guarantee that the MOJA Services, or any portion thereof, will function on any particular hardware or devices. In addition, MOJA Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

12.7. Activities

12.7.1. With respect to your use of the MOJA Services, you agree that you will not: (i) impersonate any person or entity; (ii) stalk, threaten, or otherwise harass any person (including other users of the MOJA Services), the Third Party Provider or carry any weapons; (iii) violate any law, statute, rule, permit, ordinance or regulation; (iv) interfere with or disrupt the MOJA Services or the servers or networks connected to the MOJA Services; (v) post information or interact on the MOJA Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, hateful, abusive, obscene, profane, offensive, pornographic or sexually oriented, threatening, harassing, illegal, or otherwise offensive; (vi) use narcotics or alcohol; (vii) use the MOJA Services in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (viii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the MOJA Services; (x) “frame” or “mirror” any part of the MOJA Services, without the prior written authorization of MOJA or use meta tags or code or other devices containing any reference to us in order to unlawfully direct any person to any other web site for any purpose; (xi) rent, lease, lend, sell, redistribute, license or sublicense the MOJA Services; (xii) transfer or sell your MOJA Profile, password and/or identification to any other party; (xiii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (xiv) cause any third party to engage in the restricted activities above.

12.7.2. If you engage in any of the above while participating in MOJA Services, a MOJA representative shall be entitled to deny or otherwise prevent your use of the MOJA Services.

13. Payment

13.1. You understand that use of the MOJA Services, other than Toll Point collection, may result in charges to you (which shall also include any amounts which are charged by MOJA or Third-Party Providers for the provision of the MOJA Services) ("Charges").

13.2. After you have received services obtained through your use of such MOJA Services or Third-Party Services, MOJA or the relevant Third-Party Providers may collect any applicable fees payable directly from you, in the form of cash payment, or other forms of payment available.

13.3. Charges may include applicable fees and/or surcharges and will be inclusive of applicable taxes where required by law unless taxes are exempted by relevant authorities. Charges paid by you are final and non-refundable, unless otherwise determined by MOJA.

13.4. As between you and MOJA, MOJA reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the MOJA Services at any time in MOJA's sole discretion with prior notification or publication of such changes. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.

13.5. MOJA will use reasonable efforts to inform you (or have Third Party Providers inform you) of the Charges, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof.

13.6. MOJA may from time to time provide you, if you are eligible, with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the MOJA Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the MOJA Services or the Charges applied to you.

14. Additional Charges

If you cause damage to MOJA’s road assets, including Toll Stations, and other Nairobi Expressway structures, you shall be charged if found to be responsible for such damage.

15. Tax

Toll Fees are exempt from the Value Added Tax. However, other charges and/or penalties shall attract applicable tax.

16. Privacy Policy

MOJA recognizes and acknowledges the importance of protecting all your Personal Information and MOJA will carry out its obligations as set out in our Privacy Policy that is annexed to these Terms and Conditions and accessible on the MOJA website (www.nairobiexpressway.ke).

17. Disclaimers; Limitation of Liability; Indemnity

17.1. Disclaimer

17.1.1. The MOJA Services are provided "as is" and "as available." Subject to applicable law, MOJA disclaims all representations and warranties, not expressly set out in these terms. In addition, MOJA makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the MOJA services or any services requested through the use of the MOJA services, or that the MOJA services will be uninterrupted or error-free.

17.1.2. MOJA does not guarantee the quality, suitability, safety or ability of Third-Party Providers (such as collection agents). MOJA also shall not be liable for any actions or inactions of other persons who are using the MOJA Services at the same time as you are.

17.1.3. To the maximum extent permitted under applicable law, you agree that the entire risk arising out of your use of the MOJA services, and any service requested in connection therewith, remains solely with you.

17.2. Limitation of Liability

17.2.1. MOJA shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the MOJA services, even if MOJA has been advised of the possibility of such damages.

17.2.2. MOJA shall not be liable for any damages, liability or losses arising out of: (i) your default or negligence in the use of or reliance on the MOJA services; (ii) any transaction or relationship between you and any third party, even if MOJA has been advised of the possibility of such damages; or (iii) any transaction, interaction or relationship between you and any other person who is using the MOJA services, even if MOJA has been advised of the possibility of such damages.

17.2.3. MOJA shall not be liable for delay or failure in performance resulting from causes beyond MOJA’s reasonable control.

17.2.4. For the avoidance of doubt, subject to the requirements under applicable laws, MOJA does not warrant that all functionalities of the MOJA Services shall be available at all times. MOJA may withdraw any such functionality, or a MOJA Service, in general as a direct or indirect result of new or amended legislation, government regulations or policy, or any other reasonable compelling lawful reason.

17.3. Indemnity

You agree to indemnify and hold MOJA and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your negligent, improper or unlawful use of the MOJA Services; (ii) your breach or violation of any of these Terms and Conditions; (iii) your violation of the rights of any third party, including Third Party Providers and other road users.

18. Dispute Resolution and Governing Law

18.1. Any disputes and claims arising out of or in connection with these Terms and Conditions may be reported to MOJA. MOJA’s customer care representatives (“MOJA Customer Care”) shall internally resolve the matter reported in line with MOJA’s existing dispute handling procedures. The Parties will take all reasonable steps to have the matter resolved amicably.

18.2. Any dispute or claim in connection with these Terms and Conditions so reported but not amicably resolved by the MOJA Customer Care may be referred to mediation by a single Mediator (who must be an advocate of the High Court of Kenya with ten (10) years post-admission experience in similar disputes) to be mutually agreed upon by the parties. If the Parties cannot agree on the mediator for a period of seven (7) working days, the dispute may be resolved by a court of competent jurisdiction.

18.3. Nothing in this clause shall be deemed to exclude the parties from seeking to resolve the dispute through any legally recognised alternative dispute resolution mechanisms.

18.4. Terms and Conditions shall be governed by, and interpreted, in accordance with the laws of the Republic of Kenya.

19. Other Provisions

19.1. No waiver

MOJA’s failure to exercise or enforce any right under these Terms and Conditions shall not be deemed to be a waiver of any such right nor shall it prevent MOJA from exercising or enforcing the rights in question at any time.

19.2. Force Majeure

Neither Party shall be liable to the other Party for any delay or failure to perform its obligations under these Terms and Conditions as a result of revolution or other civil unrests; belligerent aggression by an enemy; strikes; lack of available resources from persons other than parties to these Terms and Conditions; labour disputes; electrical equipment or system availability delay or failure; fires; floods; acts of God; government or regulatory intervention; or, without limiting the foregoing, any other causes not within its control, and which by the exercise of reasonable diligence it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If such delay or failure continues for at least thirty (30) days then either Party may terminate their engagement by notice in writing to the other.

19.3. Notice

19.3.1. MOJA may give you notice on any matters relating to the MOJA Services by means of electronic mail (or any other form of written notice) to your email address or your address as provided by you from time to time. Notices sent to you by MOJA in the above manner shall be deemed to be received if, (i) through email, twenty-four (24) hours after the email is sent and (ii) if through commercial courier, five (5) days after being couriered by a reputable courier service (courier prepaid) in an envelope addressed to you at the relevant address.

19.3.2. You may give notice to MOJA by written communication to (i) MOJA’s address at the Nairobi Expressway Plaza, Mombasa Road, next to Eastern Bypass Interchange, opposite City Cabanas, Embakasi, Nairobi or (ii) any other address as set out in MOJA’s website from time to time.

19.3.3. You are responsible for maintaining accurate information relating to your contact details at all times. MOJA will not be liable for any loss you incur because your information is incorrect.