Last updated: March 2026 · Version 2.1
ZARQ Terms
of Service
By using ZARQ Delivery, you agree to these terms. Please read them carefully. If you do not agree, do not use the platform.
1. About ZARQ
ZARQ is a technology platform operated by Urban Developers Kenya, connecting customers and independent delivery riders across Nairobi and its environs. ZARQ does not own vehicles or employ riders directly — riders are independent contractors.
2. Eligibility
- You must be at least 18 years of age to create an account
- You must provide a valid Kenyan phone number (Safaricom or Airtel)
- One account per individual — duplicate accounts may be suspended
- Rider registration requires valid NTSA, DCI, PSV and NHIF documents
3. Services & Deliveries
ZARQ facilitates delivery of goods within the Nairobi Metropolitan Area. We do not guarantee delivery times, though we strive to meet the estimated timeframes displayed. The following items are prohibited from delivery:
- Illegal substances, narcotics or controlled goods under Kenyan law
- Firearms, ammunition, explosives or weapons of any kind
- Counterfeit currency, fraudulent documents or stolen goods
- Live animals (except with prior written approval)
- Hazardous materials, flammable liquids or toxic substances
- Any item whose transport violates the Laws of Kenya
4. Payments & Pricing
All transactions are conducted in Kenyan Shillings (KES). Delivery fees are calculated based on distance, vehicle type, and current demand. ZARQ accepts:
- M-Pesa (Safaricom) — via STK Push or Paybill
- Airtel Money — via direct transfer
- ZARQ Wallet — prepaid in-app balance
- Cash — paid directly to the rider on delivery
ZARQ does not store full M-Pesa or Airtel PIN credentials. All mobile money transactions are processed directly through Safaricom and Airtel secure APIs.
5. Cancellations & Refunds
- Orders cancelled before rider assignment: full refund within 24 hours
- Orders cancelled after rider assignment: KES 50 cancellation fee applies
- Orders cancelled after pickup: no refund; rider compensation is retained
- Failed deliveries due to recipient unavailability: return fee applies
- ZARQ Wallet refunds are processed within 1–3 business days
6. Rider Responsibilities
Independent delivery riders agree to:
- Comply with the Kenya Traffic Act and all road safety regulations
- Maintain valid PSV insurance, NTSA Logbook and Driving Licence at all times
- Handle all packages with care and deliver to the specified recipient only
- Not open, tamper with, or inspect contents of sealed packages
- Report any accidents, incidents or suspected illegal items immediately
7. Liability Limitations
ZARQ's liability for lost or damaged goods is limited to KES 5,000 per delivery, or the declared item value, whichever is lower. For high-value items above KES 5,000, customers must declare value and purchase delivery insurance at checkout. ZARQ is not liable for indirect, consequential or special damages.
8. Account Suspension
ZARQ reserves the right to suspend or permanently terminate accounts that engage in fraudulent activity, abuse of the platform, harassment of riders or customers, or repeated violation of these terms. Suspended accounts forfeit any remaining wallet balance pending investigation.
9. Dispute Resolution
All disputes shall first be resolved through ZARQ's in-app support channel. If unresolved within 14 days, disputes will be submitted to arbitration under the Kenya Arbitration Act, with proceedings conducted in Nairobi, Kenya in the English language.
10. Governing Law
These Terms are governed by the Laws of Kenya, including the Data Protection Act 2019, the Consumer Protection Act 2012, and the Kenya Information and Communications Act. Any legal proceedings shall be instituted in the courts of Nairobi County.
11. Changes to Terms
ZARQ may update these Terms at any time. Continued use of the platform after notification of changes constitutes acceptance of the updated Terms. Material changes will be communicated via in-app notification and SMS.
Last updated: March 2026 · Compliant with Kenya Data Protection Act 2019
Privacy
Policy
ZARQ is committed to protecting your personal data in accordance with the Kenya Data Protection Act, 2019 and the regulations of the Office of the Data Protection Commissioner (ODPC).
1. Data We Collect
Account Information:
- Full name and phone number (required for all accounts)
- Email address (optional, for account recovery)
- Home area / delivery address
- Profile photo (optional)
Riders additionally provide:
- National ID number and scanned copy
- NTSA vehicle logbook and driving licence details
- PSV insurance certificate number
- DCI Good Conduct Certificate
- NHIF and NSSF membership numbers
Usage Data:
- Delivery history, pickup and drop-off locations
- Device type, operating system, and IP address
- In-app behaviour and feature usage patterns
- GPS / location data during active deliveries
2. How We Use Your Data
- To match customers with nearby available riders
- To process payments via M-Pesa, Airtel Money and ZARQ Wallet
- To provide real-time delivery tracking and ETA estimates
- To comply with NTSA, KRA and regulatory reporting obligations
- To send service notifications, delivery updates and receipts
- To improve our platform, detect fraud and ensure safety
- To generate anonymised analytics for service improvement
3. Data Sharing
ZARQ does not sell your personal data to third parties. We share data only with:
- Safaricom / Airtel — for payment processing only
- Riders — limited contact and delivery details during active orders
- Regulatory authorities — when required by Kenyan law (e.g. KRA, NTSA, DCI)
- Cloud infrastructure — data stored on servers within the Republic of Kenya where possible
4. Data Retention
- Active account data: retained for the duration of your account
- Delivery records: retained for 7 years for tax and regulatory compliance
- Rider documents: retained for 3 years after account closure
- Deleted accounts: anonymised within 30 days; financial records retained per KRA requirements
5. Your Rights (Kenya DPA 2019)
Under the Kenya Data Protection Act 2019, you have the right to:
- Access — request a copy of your personal data we hold
- Rectification — correct inaccurate or incomplete data
- Erasure — request deletion of your data (subject to legal retention obligations)
- Restriction — limit how we process your data in certain circumstances
- Portability — receive your data in a machine-readable format
- Objection — object to processing based on legitimate interests
To exercise these rights, contact our Data Protection Officer at [email protected]. We will respond within 21 days as required by law.
6. Location Data
ZARQ requests location access to show nearby riders and provide accurate ETAs. Location data is collected only during active sessions. We do not track your location when the app is closed or in the background. Riders' location is shared with the assigned customer during active deliveries only.
7. Data Security
We implement industry-standard security measures including TLS encryption for all data in transit, AES-256 encryption for sensitive data at rest, and regular security audits. In the event of a data breach affecting your personal information, we will notify you and the ODPC within 72 hours as required by the Kenya Data Protection Act.
8. Cookies & Analytics
ZARQ uses limited session storage for app functionality. We do not use third-party advertising cookies. Analytics data is anonymised and used solely for service improvement. You may clear app data at any time through your device settings.
9. Children's Privacy
ZARQ is not intended for persons under 18 years of age. We do not knowingly collect personal data from minors. If we discover that a minor has created an account, we will immediately suspend and delete it.
10. Contact & Complaints