About This Agreement
This Driver Partner Agreement ("Agreement") is entered into between TOOMABIZ ("TOOMABIZ", "we", "us", "our") and you ("Driver", "Partner", "you") upon your registration and approval as a delivery driver on the TOOMABIZ platform.
By registering, accepting deliveries, or using the TOOMABIZ Driver App, you confirm that you have read, understood, and agree to be bound by this Agreement in full.
Eligibility & Onboarding
To be approved as a TOOMABIZ driver partner, you must:
- Be at least 18 years of age
- Hold a valid Kenyan National ID or Passport
- Hold a valid driving licence appropriate for your vehicle type
- Own or have authorised use of a roadworthy vehicle (motorcycle, bicycle, or car)
- Provide a clear, recent photograph of yourself
- Provide valid vehicle registration documents
- Have an active M-Pesa registered mobile line for payout purposes
- Pass any background or reference checks TOOMABIZ may require
Invite-Only Registration
Driver registration on TOOMABIZ is by invitation only. You may only register using a valid invite link or token issued by TOOMABIZ. Sharing your invite link without authorisation is prohibited.
Document Verification
All submitted documents are subject to verification. TOOMABIZ reserves the right to reject any application where documents cannot be verified or where eligibility criteria are not met. Submission of false or altered documents constitutes fraud and will be reported to the relevant authorities.
Driver Status & Engagement
Unless you have entered into a separate written employment agreement with TOOMABIZ, you are engaged as a delivery partner on a service basis. This means:
- You are free to set your own working hours and choose when to go online or offline on the platform
- You are responsible for your own tax obligations including income tax under Kenyan law
- You are responsible for all costs associated with your vehicle including fuel, maintenance, insurance, and licensing
- You may not simultaneously operate on behalf of TOOMABIZ and a competing delivery platform
Vehicle & Equipment Requirements
Vehicle Standards
Your vehicle must at all times:
- Be roadworthy and in good mechanical condition
- Have valid insurance cover (third-party minimum)
- Have a valid inspection certificate where required by law
- Be registered in your name or with documented authorisation from the owner
Smartphone Requirement
You must have a functioning smartphone capable of running the TOOMABIZ Driver App. You are responsible for maintaining adequate mobile data and battery throughout your working hours.
Uniform & Presentation
As a TOOMABIZ driver partner, you are required to wear the official TOOMABIZ uniform at all times while on active delivery:
- TOOMABIZ branded blue jacket — provided upon onboarding or available for purchase at the platform rate
- Black pants or trousers — neat and clean at all times
- Helmet — mandatory for motorcycle drivers; must bear the TOOMABIZ branding sticker where issued
- Clean, closed shoes appropriate for delivery work
Why Uniform Matters
Our uniform serves two important purposes: it builds trust with our customers who know exactly who to expect at their door, and it represents the TOOMABIZ brand in every neighbourhood we serve. You are our most visible ambassadors.
Uniform Care
You are responsible for maintaining your uniform in a clean and presentable condition. Damaged or excessively worn uniforms should be reported to TOOMABIZ for replacement.
Order Acceptance & Completion
Accepting Orders
When you are online on the TOOMABIZ platform, you will receive order notifications. You may accept or decline orders at your discretion. However, excessive or repeated order cancellations after acceptance may result in warnings or account suspension.
Order Completion
Once you accept an order, you commit to:
- Proceeding to the pickup location promptly
- Collecting the items and verifying them with the sender
- Delivering to the specified dropoff address without unnecessary delay
- Obtaining confirmation of delivery including a delivery photo where required
- Updating order status accurately in the app at each stage
Failed Deliveries
If a delivery cannot be completed due to recipient unavailability or an incorrect address, you must contact the customer and TOOMABIZ support before returning items. Unauthorised disposal of undelivered items is a serious breach of this Agreement.
Delivery Standards & Safety
- Always obey Kenyan traffic laws — no speeding, no use of mobile phones while driving, helmet required for motorcycles at all times
- Handle all customer items with care; fragile items must be handled with extra caution
- Do not open, tamper with, or inspect package contents unless instructed by TOOMABIZ
- Do not accept cash payments from customers — all payments are processed through the platform
- Do not request tips or additional payments from customers outside the platform
- Report accidents, incidents, theft, or disputes to TOOMABIZ support immediately
- Do not subcontract, delegate, or allow another person to complete your deliveries
Earnings & Payouts
How You Earn
Your earnings per delivery are calculated based on the delivery fee charged to the customer, less the TOOMABIZ platform service fee. Your earnings for each order are displayed in the TOOMABIZ Driver App both before acceptance and after completion.
Platform Service Fee
TOOMABIZ deducts a platform service fee from each delivery to cover operational costs including platform maintenance, payment processing, customer support, and platform insurance. The applicable fee is communicated during onboarding and is transparently shown per order in the app. No other hidden deductions apply.
Payout Schedule
Earnings accumulate in your driver wallet within the app. Payouts are processed weekly via M-Pesa to the registered number on your account, unless a different schedule has been agreed in writing.
Deductions
TOOMABIZ may only deduct from your earnings amounts owed for verified customer losses caused by your negligence. You will always be notified of any deductions in writing before they are applied.
Employee Drivers
Where TOOMABIZ has entered into a separate written Employment Agreement with a driver ("Employee Driver"), the terms of that Employment Agreement shall govern the employment relationship alongside the applicable provisions of this Agreement.
Employee Drivers may receive:
- A fixed monthly salary or agreed per-delivery rate as stipulated in the Employment Agreement
- Assigned or dedicated client routes
- Additional obligations including agreed working hours and exclusivity requirements
Where there is a conflict between the Employment Agreement and these Terms, the Employment Agreement shall prevail to the extent of the inconsistency.
Code of Conduct
As a TOOMABIZ Driver Partner, you represent our brand to every customer you serve. You are expected to:
- Be polite, professional, and courteous to all customers at all times
- Wear the TOOMABIZ uniform neatly and maintain good personal hygiene
- Communicate proactively — inform customers and support of delays or issues promptly
- Protect customer privacy — do not share customer information with third parties
- Act with honesty — do not misrepresent your location or delivery status in the app
- Respect customer property at pickup and dropoff locations
- Never be under the influence of alcohol or drugs during any delivery
Prohibited Conduct
The following are strictly prohibited and will result in immediate account termination:
- Transporting prohibited items (drugs, weapons, stolen goods, etc.)
- Collecting or accepting cash payments from customers outside the platform
- Sharing your driver account credentials with any other person
- Operating the account on behalf of another person
- Submitting fraudulent delivery completions or using GPS spoofing
- Harassing, threatening, or assaulting customers or TOOMABIZ staff
- Publicly disparaging TOOMABIZ on social media or to customers while representing the platform
- Engaging in any activity that damages the reputation of TOOMABIZ
- Soliciting TOOMABIZ customers for competing delivery services during active deliveries
Suspension & Termination
Grounds for Suspension
TOOMABIZ may suspend your account temporarily for:
- Multiple customer complaints within a short period
- Excessive order cancellations after acceptance
- Expiry of required documents (licence, insurance, etc.)
- Pending investigation of a complaint or incident
- Extended inactivity without prior notice
Grounds for Termination
Your account may be permanently terminated for:
- Any prohibited conduct listed in Section 11
- Repeated policy violations following written warnings
- Providing false or altered documents during registration
- Criminal conviction related to your activities as a driver
Voluntary Exit
You may voluntarily deactivate your account at any time by contacting TOOMABIZ support. Any outstanding undisputed earnings will be paid out within 14 days of account closure.
Insurance & Liability
Your Responsibility
You are responsible for maintaining adequate insurance coverage for yourself and your vehicle, including the third-party liability insurance required by Kenyan law. TOOMABIZ does not provide personal accident or vehicle insurance for delivery partners.
Customer Items
You are liable for loss or damage to customer items caused by your negligence during transit. TOOMABIZ may deduct verified losses from your account where applicable.
Privacy & Data
TOOMABIZ collects and processes your personal data including your name, phone number, national ID, vehicle details, GPS location, and earnings history for the purposes of operating the platform and managing your account.
Location Tracking
When you are online on the platform, your GPS location is tracked in real time and shared with customers who have active orders assigned to you. This is a core operational requirement of the platform.
By registering, you consent to data collection and processing in accordance with Kenya's Data Protection Act, 2019. We do not sell your personal data to third parties.
Disputes & Changes to This Agreement
Raising a Dispute
Any concern or dispute arising from this Agreement should first be raised with TOOMABIZ through:
- Email: support@toomabiz.co.ke
- WhatsApp: 0759 987 256
We commit to addressing all concerns within 5 business days.
Governing Law
This Agreement is governed by the laws of the Republic of Kenya including the Employment Act (Cap 226), the Data Protection Act, 2019, and other applicable statutes. Unresolved disputes shall be referred to courts of competent jurisdiction in Nairobi.
Changes to This Agreement
TOOMABIZ reserves the right to update this Agreement at any time. Material changes will be communicated via SMS or in-app notification. Continued operation on the platform after notification constitutes acceptance of the revised Agreement.