Terms & Conditions

Last updated: January 7, 2025

1. Acceptance of Terms

By accessing, downloading, or using Spark Systems Rwanda Ltd's platform, mobile application, or services (collectively, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not use our Service. These Terms constitute a legally binding agreement between you and Spark Systems Rwanda Ltd, a company incorporated under the laws of Rwanda.

2. Service Description

Spark Systems Rwanda Ltd operates: (a) A digital platform connecting passengers with drivers for ride-hailing services; (b) An operating lease program for electric mototaxis, where we own the vehicles and lease them to qualified drivers under operating lease agreements; (c) Fleet management and maintenance services for leased vehicles. As a lessor under operating lease arrangements, we retain ownership of vehicles while providing them for commercial use by lessees. We comply with Rwanda's leasing regulations and transportation authority requirements.

3. Eligibility and Registration

To use our Service, you must be at least 18 years old and legally capable of entering into binding contracts under Rwandan law. You must provide accurate, current, and complete information during registration and maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account credentials.

4. User Responsibilities

Users must comply with all applicable laws of Rwanda, including traffic regulations and safety requirements. Passengers must behave respectfully toward drivers and other users. Drivers must possess valid licenses, insurance, and comply with all transportation regulations. Users must not use the Service for illegal activities or in violation of these Terms.

5. Payment and Pricing

Ride fares are calculated based on distance, time, and demand factors. For operating lease arrangements: (a) Daily lease payments are fixed as specified in lease agreements; (b) Payments include vehicle use, insurance, maintenance, and platform access; (c) Late payment fees and penalties apply as per lease terms; (d) Security deposits may be required; (e) Revenue sharing arrangements are detailed in individual lease contracts. All payments processed via mobile money or approved methods in Rwandan Francs (RWF).

6. Operating Lease Terms and Termination

Operating lease agreements are governed by separate lease contracts that include: (a) Minimum lease periods and early termination penalties; (b) Vehicle condition requirements and maintenance obligations; (c) Usage restrictions and mileage limits; (d) Insurance and liability provisions; (e) Return conditions and end-of-lease procedures. Lease termination requires written notice as specified in individual agreements. Security deposits are refundable subject to vehicle condition and outstanding obligations.

7. Vehicle Ownership, Insurance and Liability

For operating lease arrangements: (a) Spark Systems Rwanda Ltd retains legal ownership of all leased vehicles; (b) Comprehensive insurance coverage is provided and included in lease payments; (c) Lessees are liable for damages beyond normal wear and tear; (d) Third-party liability insurance covers passenger and public liability; (e) Lessees must report accidents immediately and follow prescribed procedures; (f) Vehicle tracking and monitoring systems are installed for fleet management and security purposes.

8. Intellectual Property

The Spark platform, including our mobile application, website, logos, and content, is protected by intellectual property laws of Rwanda and international treaties. Users may not copy, modify, distribute, or create derivative works without our express written permission.

9. Limitation of Liability

To the maximum extent permitted by Rwandan law, Spark Systems Rwanda Ltd's liability is limited to the amount paid by the user for the specific service. We are not liable for indirect, incidental, or consequential damages. This limitation does not affect statutory rights that cannot be waived under Rwandan consumer protection laws.

10. Dispute Resolution

Any disputes arising from these Terms or use of our Service shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through arbitration in Kigali, Rwanda, in accordance with the Rwanda Arbitration and Conciliation Centre rules, or through competent courts in Rwanda.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Rwanda. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Rwanda.

12. Regulatory Compliance and Licensing

As an operating lease provider: (a) We maintain all required licenses from Rwanda Transport Development Agency (RTDA); (b) Our vehicles comply with Rwanda Bureau of Standards (RBS) safety requirements; (c) We adhere to environmental regulations for electric vehicles; (d) Lessees must obtain and maintain valid commercial driving permits; (e) All lease arrangements comply with Rwanda's leasing and hire-purchase regulations; (f) We cooperate with tax authorities regarding VAT and income tax obligations of lessees.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Users will be notified of material changes through the app or email. Continued use of the Service after changes constitutes acceptance of the modified Terms. For operating lease customers, material changes to lease terms require written agreement amendments. The current version will always be available on our platform.