Terms of Service

Effective Date: 1 January 2025

These Terms of Service ("Terms") govern your use of the MotoConnect Zambia platform ("Platform"), operated by NEXLITE DIGITAL SOLUTIONS LIMITED (trading as Spike Trading and General Dealers), a company registered in Zambia ("we", "us", "our").

1. Acceptance of Terms

By accessing the Platform, submitting a rider application, or using any feature of MotoConnect Zambia, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

2. The Platform

MotoConnect Zambia is a transport subscription management platform that connects riders (motorbike operators, taxi operators, tour operators) with customers across Zambia. The Platform facilitates subscription management, public rider directories, and booking enquiries. We do not provide transport services directly.

3. Rider Registration & Subscriptions

• You must provide accurate and complete information when submitting a rider application.
• Applications are subject to admin review and approval. We reserve the right to reject any application without stating a reason.
• Subscriptions are offered on Basic (K50/month), Standard (K100/month), and Premium (K200/month) plans. Fees are payable in advance via Airtel Money or MTN Mobile Money.
• Subscriptions are non-refundable once activated.
• Your listing may be removed if you fail to renew your subscription or if you violate these Terms.

4. Advertiser Registration & Subscriptions

• MotoConnect Zambia offers paid advertising placements ("Nearby Deals") through which third-party businesses ("Advertisers") may list offers, promotions, and business information to Platform users.
• Advertisers must provide accurate business information, including a valid business name, category, contact number, and operating zone. Advertisers are solely responsible for the accuracy of all submitted content, including offers, pricing, and any logo or image uploaded.
• By uploading a logo or business image, the Advertiser warrants that they own the rights to that image or have authorisation to use it, and grants NEXLITE DIGITAL SOLUTIONS LIMITED a non-exclusive licence to display it on the Platform for the duration of their active subscription.
• Advertiser listings are subject to admin review and approval. We reserve the right to reject or remove any advertiser listing without stating a reason, including for content we consider misleading, inappropriate, or in breach of these Terms.
• Advertiser subscriptions are offered on Basic (K300/month), Featured (K600/month), and Premium (K1000/month) plans. Fees are payable in advance via Airtel Money or MTN Mobile Money. Subscriptions are non-refundable once activated.
• We do not verify the accuracy of advertiser offers, the quality of advertised goods or services, or an advertiser's ability to honour any promotion displayed. Users engage with advertised businesses entirely at their own discretion and risk.
• MotoConnect Zambia does not endorse any advertiser or their products/services merely by displaying their listing.
• An advertiser's listing may be removed at any time if they fail to renew their subscription, provide false information, or violate these Terms.

5. Acceptable Use

You must not:

• Provide false personal or vehicle information.
• Use the Platform to engage in illegal, fraudulent, or harmful activities.
• Harass, threaten, or deceive customers or other riders.
• Attempt to gain unauthorised access to any restricted or non-public part of the Platform.
• Scrape, copy, or redistribute Platform data without our written permission.

6. Platform Availability

We aim to keep MotoConnect Zambia available at all times but do not guarantee uninterrupted access. We may suspend or modify the Platform for maintenance, updates, or any other reason without notice. We are not liable for any loss resulting from unavailability of the Platform.

7. Intellectual Property

All content, design, and software on the Platform is owned by NEXLITE DIGITAL SOLUTIONS LIMITED or its licensors. You may not reproduce, modify, or distribute any part of the Platform without our prior written consent.

8. Limitation of Liability

To the fullest extent permitted by Zambian law, we are not liable for any indirect, incidental, or consequential loss arising from your use of the Platform, including loss of income, disputes with customers, or transport incidents. Our total liability to you shall not exceed the subscription fees paid by you in the three months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless NEXLITE DIGITAL SOLUTIONS LIMITED, its owners, directors, officers, employees, developers, contractors, and agents (collectively, the "Indemnified Parties") from and against any and all claims, demands, suits, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees and disbursements) of any kind, arising out of, relating to, or in connection with:

• your access to or use of the Platform, whether or not authorised;
• your breach or alleged breach of these Terms;
• any inaccurate, false, or misleading information submitted by you;
• any transport service you provide, including any accident, injury, death, property damage, theft, fare dispute, or other incident arising from or connected with your activities as a rider, taxi operator, or tour operator;
• any content, offer, claim, image, or material submitted by you as an Advertiser, including any dispute arising from a promotion you advertised but did not honour;
• any dispute, claim, or complaint brought by a customer, another rider, another advertiser, or any third party against you;
• your violation of any applicable law, regulation, licensing requirement, or right of a third party; or
• any content, data, or material you submit, post, or transmit through the Platform.

This indemnity applies regardless of whether the underlying claim is based in contract, tort, negligence, strict liability, or any other legal theory, and regardless of whether the Indemnified Parties were aware of or could have foreseen the circumstances giving rise to the claim. This indemnity shall survive the termination or expiry of your use of the Platform, your subscription, and these Terms, and applies to the fullest extent permitted under the laws of the Republic of Zambia. The Indemnified Parties reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with such defence.

10. Governing Law

These Terms are governed by the laws of the Republic of Zambia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Zambia.

11. Changes to Terms

We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, contact us via WhatsApp or phone at +260 977 638790 or +260 960 271128, or email skumbeni@gmail.com.