Last updated: July 6th, 2023

1.  Contractual Relationship

These Terms of Use (“Terms”) govern the access or utilisation by you, as an individual user, from within the East African countries (Uganda, Kenya and Tanzania) of the applications, websites, content, products, and services (the “Services”) provided by Silver Fleet Limited, a privately held limited liability company established in Uganda, with its headquarters located at Plot 3 Kagera Road, Nakasero, Kampala, Uganda, registered under number 80010003545796 with the Uganda Registration Services Bureau (“Silver Fleet”).

 PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services indicate your agreement to be bound by these Terms, which establish a contractual relationship between you and Silver Fleet. If you do not agree to these Terms, you may not access or use the Services. These Terms specifically replace any previous agreements or arrangements with you. Silver Fleet reserves the right to promptly terminate these Terms or any Services with respect to you, or generally discontinue offering or restrict access to the Services or any part thereof, at any time and for any reason.

Additional terms may apply to specific Services, such as policies for particular events, activities, or promotions, and these additional terms will be provided to you in conjunction with the relevant Services. Such additional terms form an integral part of the Terms governing the applicable Services and take precedence over these Terms in the event of any conflicts.

Silver Fleet may amend the Terms related to the Services periodically. Amendments become effective when Silver Fleet posts the updated Terms at this location or the revised policies or additional terms on the relevant Service. Your continued access or use of the Services after such posting signifies your consent to be bound by the amended Terms.

Our collection and utilisation of personal information in connection with the Services follow the provisions of Silver Fleet's Privacy Policy available at https://silverfleetltd.com/legal. Silver Fleet may disclose necessary information (including your contact information) to a claims processor or an insurer if there is a complaint, dispute, or conflict, which may involve you and a Third Party Provider (including a driver associated with a transportation network company), and if such information or data is required to resolve the complaint, dispute, or conflict.

2.  The Services

The Services provided by Silver Fleet involve a cutting-edge platform that enables users of our mobile applications or websites, known as "Applications," to conveniently arrange and schedule mobility and/or logistics services with Silver Fleet. These providers include self-reliant transportation operators and logistics professionals who have agreements with Silver Fleet or certain affiliated companies.

License.

Upon your compliance with these Terms, Silver Fleet grants you a limited, non-exclusive, non- sub-licensable, revocable, and non-transferrable license. This license allows you to access and utilise the Applications on your personal device solely for the purpose of using our Services. Additionally, you may access and use any content, information, and related materials made available through our Services for personal, noncommercial use. Please note that all other rights not expressly granted in these Terms are reserved by Silver Fleet and our licensors.

Restrictions.

To ensure fair use of our Services, you are prohibited from removing any copyright, trademark, or other proprietary notices from any part of the Services. Furthermore, you may not engage in activities such as reproducing, modifying, distributing, licensing, selling, or publicly displaying the Services without explicit permission from Silver Fleet. Reverse engineering, unauthorised access attempts, or any actions that disrupt the operation and functionality of our Services are strictly prohibited.

Third-Party Services and Content.

While using our Services, you may come across third-party services and content, including advertising, that are beyond Silver Fleet's control. Please be aware that separate terms of use and privacy policies may apply to these third-party offerings. Silver Fleet does not endorse such services and content, and we are not liable for any products or services provided by third-party providers. In addition, certain mobile devices, such as those powered by Apple Inc., Google LLC, Microsoft Corporation, or BlackBerry Limited, may have third-party beneficiary terms of service when accessing our Services through their respective applications. These third-party beneficiaries are not parties to our agreement and are not responsible for providing or supporting our Services.

Ownership.

The Services and all associated rights are and shall remain the property of Silver Fleet or our licensors. These Terms do not grant you any rights, except for the limited license explicitly provided above. You are not authorised to use or reference Silver Fleet's company names, logos, product and service names, trademarks, or service marks, nor those of our licensors, in any manner without prior consent.

3.  Your Use of the Services User Accounts.

To access most features of our Services, you are required to register and maintain an active personal user Services account ("Account"). To obtain an Account, you must be at least 18 years old, or the legal age of majority in your jurisdiction if different from 18. During the registration process, you will need to provide Silver Fleet with certain personal information, such as your name, mobile phone number, and address. It is essential that you keep your Account information accurate, complete, and up-to-date. Failure to do so, including having an expired or invalid payment method, may result in your inability to access and use the Services, or Silver Fleet may terminate these Terms with you. You are responsible for all activities that occur under your Account and must ensure the security and confidentiality of your Account username and password at all times. Unless explicitly authorised by Silver Fleet, you may only possess one Account.

User Requirements and Conduct.

The Services are not available to individuals under the age of 18. You are prohibited from authorising third parties to use your Account, and you may not allow individuals under the age of 18 to receive the Service unless accompanied by you. You may not assign or transfer your Account to any other person or entity. When using the Services, you agree to comply with all applicable laws and use the Services only for lawful purposes. For example, you must not transport unlawful or hazardous materials. In your use of the Services, you shall not cause nuisance, annoyance, inconvenience, or property damage to Silver Fleet or any other party. In certain cases, you may be asked to provide proof of identity to access or use the Services, and Silver Fleet reserves the right to deny access or use of the Services if you refuse to provide proof of identity.

Text Messaging.

By creating an Account, you consent to receive text (SMS) messages from the Services as part of our normal business operations. You can choose to opt-out of receiving text (SMS) messages from Silver Fleet at any time by sharing an opt-out instruction with Silver Fleet via email to info@silverfleetltd.com. Please note that opting out of text (SMS) messages may affect your use of the Services.

Promotional Codes.

Silver Fleet may, at its sole discretion, issue promotional codes that can be redeemed for additional features, or benefits related to the Services. These promotional codes, referred to as "Promo Codes," are subject to specific terms established by Silver Fleet on a per promotional code basis. By using Promo Codes, you agree that: (i) they must be used as intended and for lawful purposes; (ii) they may not be duplicated, sold, transferred, or made available to the general public without explicit permission from Silver Fleet; (iii) Silver Fleet may disable or modify Promo Codes at any time without liability; (iv) Promo Codes are subject to the specific terms set by Silver Fleet and are not redeemable for cash; and (vi) Promo Codes may expire before you have the chance to use them. Silver Fleet reserves the right to withhold or deduct credits or benefits obtained through the use of Promo Codes if there is suspicion of error, fraud, illegality, or violation of the applicable Promo Code terms or these Terms by you or any other user.

User Provided Content.

Silver Fleet may, at its sole discretion, allow you to submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information through the Services. This content, referred to as "User Content," can include commentary, feedback, support requests, entries for competitions, and promotions. You retain ownership of any User Content you provide. However, by submitting User Content to Silver Fleet, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such User Content in any manner, format, or distribution channel, now known or hereafter devised. This includes using the User Content in connection with our Services, our business, and on third-party websites and services, without further notice or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of the User Content or have all necessary rights, licenses, consents, and releases to grant Silver Fleet the license described above; and (ii) the User Content and its submission, upload, publication, or availability through the Services do not infringe, misappropriate, or violate any third party's intellectual property or proprietary rights, rights of publicity or privacy, or any applicable law or regulation.

You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Silver Fleet in its sole discretion, regardless of whether such material may be protected by law. Silver Fleet reserves the right, but is not obligated, to review, monitor, or remove User Content at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the necessary data network access to use the Services. Your mobile network may charge data and messaging fees when accessing or using the Services from a wireless-enabled device, and you are responsible for such charges. You are also responsible for acquiring and updating compatible hardware or devices required to access and use the Services and Applications, including any necessary updates. Silver Fleet does not guarantee that the Services, or any part thereof, will function on any specific hardware or devices. Additionally, the Services may be subject to malfunctions, delays, or interruptions inherent to the use of the Internet and electronic communications.

4.  Payment

You acknowledge that utilising the Services may require you to incur charges for the services or goods provided by Silver Fleet ("Charges"). Once you have received services or goods through the Service, Silver Fleet will assist you in making the necessary payment for the applicable Charges. These Charges may encompass additional fees, tolls, surcharges, such as a booking fee, national, provincial, and municipal tolls, airport surcharges, and processing fees for split payments. They will include any applicable taxes as required by law. Charges paid by you are final and generally non-refundable, unless otherwise determined by Silver Fleet. You retain the right to request adjustments to the Charges for the specific services or goods received at the time of receipt. Silver Fleet will review and respond to such requests accordingly.

All payments for Charges will be processed by Silver Fleet using the payment method specified in your Account. In the event that your primary payment method in your Account is found to be expired, invalid, or unable to be charged, you agree that Silver Fleet may utilise an alternate payment method available.

Regarding Charges, Silver Fleet retains the right to establish, modify, or remove them for any or all services or goods obtained through the Services, at Silver Fleet’s discretion. Additionally, you acknowledge that Charges may significantly increase in certain geographical areas. Silver Fleet will make reasonable efforts to inform you of applicable Charges. However, you are responsible for all Charges incurred under your Account, regardless of your awareness of the specific Charges or their amounts. Silver Fleet may occasionally provide promotional offers and discounts to certain users, resulting in different amounts charged for similar services or goods obtained through the Services. You agree that such offers and discounts, unless made available to you, will not impact your use of the Services or the Charges applied to you. You have the option to cancel your request for services or goods from Silver Fleet before their arrival, but a cancellation fee may apply.

The payment structure is designed to fully compensate Silver Fleet for the services provided. Silver Fleet does not designate any portion of your payment as a tip or gratuity. Silver Fleet's statements, whether on the website, Application, or in marketing materials, that tipping is "voluntary," "not required," or "included" in the payments you make for services or goods, are not meant to imply that Silver Fleet provides additional amounts to Silver Fleet workers and representatives beyond what is described above. While you have the freedom to offer additional payment as a gratuity to Silver Fleet staff, it is not obligatory. Gratuities are optional. After receiving services or goods through the Service, you will have the opportunity to rate your experience and provide additional feedback about the Service.

Repair or Cleaning Fees.

You are responsible for the cost of repairing damages or conducting necessary cleaning of Silver Fleet vehicles and property that result from your use of the Services under your Account, beyond what is considered normal wear and tear and reasonable cleaning. In the event that a Silver Fleet representative reports the need for Repair or Cleaning, and Silver Fleet verifies such request at its reasonable discretion, Silver Fleet reserves the right to facilitate payment for the reasonable cost of Repair or Cleaning, using the payment method specified in your Account.

These amounts will be generally non-refundable.

5.  Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SILVER FLEET DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, SILVER FLEET MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY

SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, NOR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SILVER FLEET DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF SILVER FLEET. YOU AGREE THAT THE ENTIRE RISK ARISING FROM YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

SILVER FLEET 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 SERVICES, EVEN IF SILVER FLEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SILVER FLEET SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND SILVER FLEET, EVEN IF SILVER FLEET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SILVER FLEET SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SILVER FLEET'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT SILVER FLEET MAY OFFER RIDE-SHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SILVER FLEET'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED TWO HUNDRED AND FIFTY THOUSAND UGANDA SHILLINGS (UGX 250,000).

SILVER FLEET'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SILVER FLEET HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS, OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT SEEK TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity.

You agree to indemnify and hold Silver Fleet 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 use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Silver Fleet's use of your User Content; or (iv) your violation of the rights of any third party.

6.  Lost Property

You acknowledge and agree that it is your responsibility to retrieve your belongings from the Silver Fleet vehicle upon disembarking. If you accidentally leave your belongings in the vehicle, the driver may return them to you, Silver Fleet, or the local Silver Fleet service entity.

While you may expect the driver to return your belongings to you or the offices of Silver Fleet, Silver Fleet shall not be held liable if the driver fails to return your belongings as expected.

Furthermore, Silver Fleet shall not be responsible for any loss or damage to your belongings while they are in transit.

While Silver Fleet will make reasonable efforts to identify the owner of any property left in a Silver Fleet vehicle when returned to the offices of Silver Fleet, you understand and agree that:

(i) Silver Fleet will only retain your property for a maximum of three months from the date it was handed over by the driver; and (ii) if you fail to collect your property from Silver Fleet within the three-month period, Silver Fleet will have the right to handle your property as it sees fit, and you will have no claim against Silver Fleet regarding your unclaimed property.

7.  Governing Law; Arbitration.

Except as otherwise specified in these Terms, these Terms shall be governed exclusively by and interpreted in accordance with the laws of the Republic of Uganda. Any dispute, conflict, claim, or controversy arising out of or relating to the Services or these Terms, including issues of validity, interpretation, or enforceability (referred to as a "Dispute"), shall first be submitted to mandatory mediation proceedings. If the Dispute remains unresolved within sixty (60) days after a mediation request has been submitted, the Dispute may be referred to and shall be exclusively and finally settled through arbitration through Ugandan law and in Ugandan Courts of Law . The language used in the mediation and/or arbitration shall be English, unless you are unable to understand English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents, submissions from the parties, correspondence with and from the Ugandan Law and Courts of Law, correspondence from the mediator, and correspondence, orders, and awards issued by the arbitrator, shall be strictly confidential and shall not be disclosed to any third party without the express written consent of the other party, unless: (i) the disclosure to the third party is reasonably necessary for the conduct of the mediation or arbitration proceedings, and (ii) the third party unconditionally agrees in writing to be bound by the confidentiality obligation set forth herein.

8.  Other Provisions

Claims of Copyright Infringement.

Claims of copyright infringement should be sent to Silver Fleet. Please visit Silver Fleet's website at silverfleet.com/legal for the designated address and additional information.

Notice.

Silver Fleet may give notice by means of a general notice on its platform, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Silver Fleet by written communication to Silver Fleet's address at Plot 3 Kagera Road, Nakasero, Kampala, Uganda.

General.

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

If any provision of these Terms 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, but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace 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. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words "including" and "include" mean "including, but not limited to."