Terms of Use & Cookies Policy

Papayarails is the trading name of Papaya Kenya Ltd (Papayarails, us, our), a Kenyan private limited liability company, with a registered office in Kenya. We are registered in the Company Registry of Kenya, with registration number xxxxxx and holder of Kenyan Tax ID (PIN) XXXXX.

These terms of use (Terms of Use) (together with the documents referred to in it) inform you of the Terms of Use on which you may make use of our website (the Papayarails website). Use of the Papayarails website includes accessing, browsing, or registering to use the Papayarails website.

Please read these Terms of Use carefully before you start to use the Papayarails website, as these will apply to your use of the Papayarails website. We recommend that you print a copy of this for future reference.

By using the Papayarails website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Papayarails website.


These Terms of Use refer to the following additional terms, which also apply to your use of the Papayarails website:

  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Papayarails website, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookies Policy sets out information about the cookies on the Papayarails website, which is set out below.


You are expected to check this page on the Papayarails website from time to time to take notice of any changes Papayarails make, as they are legally binding on you. Some of the provisions contained in this document may also be superseded by provisions or notices published elsewhere on the Papayarails website.


We may update the Papayarails website from time to time and change the content at any time. Any of the content on the Papayarails website may be out of date at any given time and we are under no obligation to update it. Papayarails does not guarantee that the Papayarails website, or any content on it, will be free from errors or omissions.


Papayarails does not guarantee that the Papayarails website, or any content on it, will always be available or be uninterrupted. Papayarails may suspend, withdraw, discontinue or change all or any part of the Papayarails website without notice. Papayarails will not be liable to you if for any reason the Papayarails website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Papayarails website. You are also responsible for ensuring that all persons who access the Papayarails website through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.


Where a user identification code, password or other pieces of information is required in order to use the website, such information is confidential. Papayarails has the right to disable any user identification code or password if, in Papayarails’s reasonable opinion, you have failed to comply with any of the provisions of the terms and conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@Papayarails.com. (Ensure email is live)


Papayarails is the owner or the licensees of all intellectual property rights in the Papayarails website. All such rights are reserved. You may print or download extracts of any page(s) from the Papayarails website for your use and you may draw the attention of others within your organisation to content posted on the Papayarails website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Papayarails’s status and that of any identified contributors as the authors of content on the Papayarails website must always be acknowledged. You must not use any part of the content on the Papayarails website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Papayarails website in breach of these Terms of Use, your right to use the Papayarails website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


The content on the Papayarails website is provided for general information only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Papayarails website. Although Papayarails makes reasonable efforts to update the information on the Papayarails website, Papayarails makes no representations, warranties or guarantees, whether express or implied, that the content on the Papayarails website is accurate, complete or up to date.


You may use the Papayarails website only for lawful purposes. You may not use the Papayarails website:

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Papayarails will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on the Papayarails website, and Papayarails will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.

Papayarails are under no obligation to oversee, monitor or moderate any interactive service Papayarails provide on the Papayarails website, and Papayarails expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Papayarails monitors user activity and content on a random basis. Any user found to have used the site in a manner which contravenes this document will be denied access. All reports of misuse will be investigated, and an appropriate response provided within three days of receipt.


Papayarails will determine, at Papayarails’s discretion, whether there has been a breach of these Terms of Use through your use of the Papayarails website. When a breach has occurred, Papayarails may take such action as Papayarails deems appropriate. Failure to constitutes a material breach of the Terms of Use upon which you are permitted to use the Papayarails website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Papayarails website;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Papayarails website;
  • Issue of a warning to you;
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Further legal action against you;
  • Disclosure of such information to law enforcement authorities as Papayarails reasonably feel is necessary.

The responses described here are not limited and Papayarails may take any other action Papayarails reasonably deems appropriate.


Nothing in these Terms of Use excludes or limits Papayarails’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, Papayarails excludes all conditions, warranties, representations or other terms which may apply to the Papayarails website or any content on it, whether express or implied.

Papayarails will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Papayarails website;
  • use of or reliance on any content displayed on the Papayarails website;
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Papayarails will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Papayarails website or to your downloading of any content on it, or on any Papayarails website linked to it.

Papayarails assumes no responsibility for the content of Papayarails sites linked on the Papayarails website. Such links should not be interpreted as an endorsement by us of those linked Papayarails sites. Papayarails will not be liable for any loss or damage that may arise from your use of them.


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Papayarails website in any Papayarails website that is not owned by you. The Papayarails website must not be framed on any other site, nor may you create a link to any part of the Papayarails website other than the home page. Papayarails reserves the right to withdraw linking permission without notice.

The Papayarails website in which you are linking must comply in all respects with the content standards set out in our Terms of Use. If you wish to make any use of the content on the Papayarails website other than that set out above, please contact support@Papayarails.com.


Subject to the limitations of liability set out herein, where the Papayarails website contains links to other sites and resources provided by third parties, these links are provided for your information only. Papayarails has no control over the contents of those sites or resources.


You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Papayarails as a result of these Terms of Service or your use of this Papayarails website. You agree that you may not and will not claim to be a representative, agent, or employee of Papayarails, and Papayarails shall not be liable for any representation, act, or omission on your part.


Cookies help us make our website more useful. We use cookies on the Papayarails website to help analyse visitor numbers and find out which of our pages are most popular using Google Analytics. It is very important for us to be able to see what parts of our website are accessed most so that we can ensure that we bring you the most up-to-date and relevant information.


A cookie is a small amount of data sent to your computer or mobile phone from a website. This means the website can recognise your device if you return to the same website. A cookie often includes a unique identifier, which is a randomly generated number. This is stored on your device's hard drive. Many cookies are automatically deleted after you finish using a website. Cookies are not programs and do not collect information from your computer.


Cookies are sent to your browser by a website and then stored in the cookies directory on your computer. To check and update your cookies settings, you will need to know what browser you are using and what version of it you have. You can usually find this out by opening the browser (just as you do to use the internet), then clicking on 'Help' and then 'About'. This will give you information about the browser version you are using. To find out how to allow, block, delete and manage cookies, visit www.aboutcookies.org and select the browser you are using. You can also read your browser's built-in or online help for more information. See your manual handset to find out how to manage cookies on your mobile phone.


If you decline cookies then the Papayarails website usage won't be counted so we won't be able to take your actions into account when analysing data and looking at ways to improve our website.


We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Complaints relating to any violations of these Terms of Use should be submitted in writing via support@papayarails.com. Complaints must unambiguously state the nature of the problem, and its connection to Papayarails.


These Terms of Use shall be governed by and construed in accordance with the laws of Kenya.