1. INTRODUCTION

Welcome to UpCountry, a digital platform owned and operated by TENGEN-KAI GROUP LTD (“UpCountry,” “we,” “our,” or “us”). These Terms of Use (“Terms”) govern your access to and use of the UpCountry mobile application, website, and related digital services (“Platform”).

By creating an account, accessing, or using the Platform, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you disagree, you must not use the Platform.

2. NATURE OF PLATFORM

UpCountry is a peer-to-peer connection platform that enables individuals offering travel seats (“Drivers”) to connect with individuals seeking transportation (“Passengers”) for intercity or upcountry trips.

UpCountry:

• Is not a Transport Network Company (TNC), public service vehicle operator, or transport provider as defined under the National Transport and Safety Authority (NTSA) framework.
• Does not own, operate, manage, or control any vehicle, driver, or trip.
• Does not offer or provide transport services to the public.

All ride arrangements occur directly between independent users. UpCountry merely provides a digital environment for users to communicate and coordinate travel.

3. ELIGIBILITY

To use UpCountry, you must:

• Be at least 18 years old.
• Have the legal capacity to enter into a binding agreement.
• Provide true, complete, and current information when registering.

We reserve the right to suspend or terminate accounts that breach these conditions.

4. USER ACCOUNTS

You are responsible for safeguarding your login credentials and all activity under your account. You agree not to share, transfer, or assign your account without written consent from UpCountry.

UpCountry may suspend or terminate access if there is evidence of misuse, fraud, or violation of these Terms.

5. PLATFORM SERVICES AND FEES

UpCountry provides digital tools that allow users to post, discover, and communicate regarding shared travel opportunities.

A service fee may be charged for access to the Platform and its facilitation features. This fee is a platform usage charge, not a transport fare or commission.

Drivers may also purchase boosting or priority listing options to increase visibility. Such optional payments are non-refundable once processed.

UpCountry does not process transport fares between Drivers and Passengers — all such payments are made independently between users.

6. USER RESPONSIBILITY

All users agree to act responsibly and in accordance with the law. You must not:

• Use the Platform for any illegal or fraudulent purpose.
• Misrepresent your identity, trip details, or intentions.
• Engage in harassment, discrimination, or unsafe conduct.
• Post false, defamatory, or misleading information.
• Copy, modify, or exploit any part of the Platform for commercial use without permission.

Violations may result in immediate suspension, termination, or legal actions.

7. PLATFORM DISCLAIMER

UpCountry:

• Does not verify the identity or driving credentials of users beyond what is voluntarily submitted.
• Does not guarantee punctuality, safety, or the condition of any vehicle.
• Shall not be liable for delays, accidents, losses, or misconduct of any user.

All travel arrangements are at the user’s own risk.

8. ASSUMPTION OF RISK AND WAIVER OF LIABILITY (DRIVERS)

By registering as a Driver, you acknowledge that:

• You operate as an independent individual, not as an agent or employee of UpCountry.
• You are solely responsible for your vehicle’s condition, roadworthiness, insurance, and compliance with the law.
• You assume all risks associated with offering rides through the Platform.
• You release UpCountry, its parent company (TENGEN-KAI GROUP LTD), directors, and affiliates from any and all claims, demands, or damages arising from your participation as a Driver.

Drivers agree to indemnify UpCountry from any third-party claims arising out of their conduct, vehicle operation, or user interactions.

9. ASSUMPTION OF RISK AND WAIVER OF LIABILITY (PASSENGERS)

By registering as a Passenger, you acknowledge that:

• You understand that all travel arrangements are made directly with independent Drivers.
• You are responsible for ensuring your own safety and verifying trip details before departure.
• You accept all risks associated with traveling with individuals met through the Platform.
• You release UpCountry and TENGEN-KAI GROUP LTD from all liability, loss, or damage that may occur during or after a trip arranged through the Platform.

Passengers agree to hold UpCountry harmless from any claim arising from disputes, injuries, or damages related to travel.

10. INTELLECTUAL PROPERTY

All intellectual property rights, trademarks, and content appearing on the Platform are the exclusive property of TENGEN-KAI GROUP LTD. You may not copy, distribute, modify, or reverse-engineer any part of the Platform without express written permission.

11. SUSPENSION, TERMINATION, AND ENFORCEMENT

UpCountry reserves the right to modify, suspend, or terminate access to the Platform at any time, without prior notice, if a user breaches these Terms or engages in activity harmful to the Platform or its community.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

• UpCountry shall not be liable for indirect, incidental, consequential, or punitive damages.
• UpCountry’s total liability, if any, shall not exceed the service fees paid by the user within the six months preceding the incident.

13. MODIFICATION OF TERMS

UpCountry may update these Terms periodically. The updated version will be posted on the Platform with a revised effective date. Continued use of the Platform constitutes acceptance of the revised Terms.

14. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising under or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Kenyan courts.

15. CONTACT INFORMATION

Questions regarding these Terms may be directed to: info@upcountry.app