The following terms and conditions apply to the use of Cube Messenger Mobile Application (“the App”) and by accessing, using or receiving any Services made available by Cube Movers, you expressly acknowledge and confirm your agreement to be bound by these Terms.

Cube Movers reserves the right to amend the Terms or its policies relating to the Services at any time, without notice to you. Any such amendment will be effective upon posting of the updated Terms on the Services, and you are solely responsible for regularly reviewing the same. Your continued access or use of the Services after any such changes shall constitute your agreement to be bound by such Terms as amended.

1. Definitions

“Business Day” means any day other than gazetted public holidays or national day in Kenya.

“Courier” shall mean CUBE MOVERS COURIER, its servants, agents, and Sub-Contractors.

“Customer” means the person or entity, or as servants or agents, entering into this contract with the Courier.

“Courier Services” means the parcel delivery services, which shall be provided to you by Cube Movers on the Cube Messenger App.

“Cube Movers” shall mean Cube Movers Limited, a private limited liability company incorporated and registered in Kenya under the Companies Act 2015, Laws of Kenya, whose registered office is at Warehouse 19 – Wallstreet Business Park, Old Mombasa Road

“Cube Messenger” means the software application and related services provided by Cube Movers to you pursuant to terms and conditions set forth herewith.

“Data” shall mean full name, phone number, email addresses, designation/position, GPS coordinates only for the pickup and destination of the packages

“Dangerous” shall mean means dangerous goods and any substance likely to cause or encourage disease, vermin, pests or other hazard.

“Goods” means the goods that are required to be delivered to the customer.

“Intellectual Property” means any and all of the following in any jurisdiction throughout the world:

1. trademarks and service marks, including all applications and registrations, and the goodwill connected with the use of and symbolized by the foregoing:
2. copyrights, including all applications and registrations related to the foregoing;
3. trade secrets and confidential know-how;
4. patents and patent applications;
5. websites and internet domain name registrations; and
6. other intellectual property and related proprietary rights, interests and protections

“Website” shall mean https://cube-messenger.com/.

2. The App and Accessibility

• Cube Messenger is an application that enables users to easily and conveniently access parcel Services offered by Cube Movers in a simple, affordable, secure, and reliable manner.
• The App is available on Desktop browser, android and Apple iOS devices.
• The service will be available for parcel deliveries within Nairobi County and up to a radius of 30 km from Nairobi CBD. (“Locus”)

3. How to Sign Up and Access the App

• For Desktop users the Application is available on http://www.cube-messenger.com/
• Mobile and tablet users can Download the App, by going to Google Play Store or Apple Appstore and searching for ‘Cube Messenger.
• Once you have installed the App, launch the App and create your profile by entering your Name and email (mandatory) plus your location details.
• Once you have launched the App, you will then be able to sign in, book and schedule deliveries.
• Please note that once you have logged in you will be requested to accept the Terms and Conditions and the App will launch the home page.

4. Bookings on the App

• Once signed in you will schedule your deliveries by entering your pick up location.
• You will then add your items and select the destination for your delivery.
• You will then schedule the delivery by selecting the day and time on calendar option.
• You will then confirm delivery type and cost as assessed on the App.
• A Cube Messenger rider will receive your booking and will collect your items.
• Once the Rider delivers your items, the recipient will receive a secret confirmation token.

5. Pricing and Billing

• The App has both prepay and Post pay options. The Prepay option enables you to pay for your shipments securely via Mpesa.
• Cube Messenger courier charges are calculated according a matrix that takes into account the distance, item type, taxes, insurance, volumetric weight per piece within a maximum of Cube Messenger rider courier box and any extraordinary piece may be re-weighed and re-measured by Cube Movers to confirm this calculation.

6. Void and Unacceptable Items

A delivery request is deemed unacceptable and the request void if the item:

1. Contains or consists of stolen goods, counterfeit goods, animals or wildlife trophies, currency, minerals, precious stones; weapons, explosives and ammunition; illegal items, such as narcotics and other proscribed items,
2. is classified as hazardous material, explosive, flammable, dangerous goods, prohibited or restricted articles under any Law or Regulation. (“Dangerous Goods”),
3. it contains any other item which Cube Movers decides cannot be carried safely or legally.

7. Discontinuation and Interruptions of Service

• The Service may be discontinued by Us at Our sole discretion and at any time without prior notice to you. We may also suspend the service temporarily, without any notice to you, for upgrade, expansion, maintenance and repair activities, or for any emergency reason as deemed necessary.
• Cube Movers will not be liable for interruptions on service caused by internet failures, outages and other limitations inherent in web and mobile communications and shall not be liable to any damages or losses arising thereof.

8. Intellectual Property Ownership

• Cube Movers alone shall own all rights, title and interest, including all related intellectual property rights, in and to the services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
• This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by Cube Movers name, logo, and the product names associated with the Services are trademarks of Cube Movers or third parties, and no right or license is granted to use them.

9. Indemnification

• The customer agrees that you shall defend, indemnify and hold Cube Movers, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, demands, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:

• your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein;
• your violation of any rights of any third party, including providers of delivery, logistics or courier services arranged via the Services;
• your use or misuse of the Services or services or goods obtained through your use of the Services;

10. Insurance

Cube Movers will provide standard courier liability insurance of goods as the agent of the Customer. Additional Insurance shall be offered if the Customer instructs the Cube Movers in writing to do so and pays for such premiums as may be applicable. To avoid doubt, it is not the responsibility of the Courier to effect insurance of goods. Courier Liability insurance does not cover indirect loss or damage, or loss or damage caused by delays.

11. Claims

All claims must be submitted in writing to Cube Movers within fourteen (14) days from the date that you confirmed an order on Cube Messenger, failing which Cube Movers shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.

12. Force Majeure

Cube Movers shall not liable for any loss or damage arising out of circumstances beyond its control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to Cube Movers; any act or omission by a person not employed or contracted by Cube Movers; “Force Majeure events” – such as. strikes, lock-outs or other industrial disputes (whether involving the workforce of the Courier or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

13. Customer Warranties

You shall indemnify and hold Cube Movers harmless for any loss or damage arising out of your failure to comply with the following warranties and representations:

• all information provided by you on the Cube Messenger App is complete and accurate;
• the couriered items were prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation by a Cube Messenger rider;
• You have complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
• You have obtained all necessary consents in relation to personal data provided to Cube movers including Recipient’s data as may be required for transport and delivery, such as e-mail address and mobile phone number.

14. Governing Law

Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, to the non-exclusive jurisdiction of the courts of, and governed by the laws of Kenya.

15. Severability

The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.