FS Terms of Service

Plain-language summary. These Terms explain how FS Pickup Spots accepts, prices, moves, stores, hands over and returns shipments; what senders, recipients, vendors, freelance sellers, FS Points and drivers must do; how payments and claims work; and how FS protects custody. Important points: declare contents and value accurately, package items properly, never send prohibited goods, keep pickup codes private, inspect a parcel at handover where reasonably possible, and report a problem promptly. Mandatory consumer rights under Kenyan law are not excluded.

1. Agreement and operator

These Terms of Service (“Terms”) form an agreement between FS Pickup Spots Ltd, trading as FS Pickup Spots (“FS”, “we”, “us” or “our”), and the person or organisation requesting, paying for, sending, receiving or administering an FS service (“you”). They apply to the FS website, mobile applications, shipment and collection requests, FS Points, sorting centres, delivery services, payment and receipt functions, support and related network services in Kenya.

By creating an account, submitting a shipment, accepting a quote, paying, handing a parcel to FS, accepting custody as an authorised network participant, or collecting or receiving a parcel, you confirm that you have had an opportunity to review these Terms and agree to the provisions relevant to your role. If you act for an organisation, you confirm that you have authority to bind it. Separate written vendor, employment, contractor, FS Point, insurance, commission, service-level or data-processing terms continue to apply; if they conflict, the more specific signed agreement governs that subject.

2. Key FS roles and terms

• Sender: the person or organisation tendering a shipment. A vendor or freelance seller may be the sender.
• Recipient: the intended person or authorised representative receiving or collecting a shipment.
• Vendor: a registered business using FS to fulfil customer shipments.
• Freelance seller: an individual seller using FS without representing an incorporated vendor.
• FS Point: an approved customer-facing FS network location. It may be FS-owned or independently operated under an FS agreement.
• Sorting centre: an FS-operated location for network intake, sorting, consolidation, dispatch, returns and exception control. It is not a commission partner unless expressly designated otherwise.
• FS driver: an employed or approved gig/contracted driver assigned through FS. Compensation classification does not change custody controls.
• Shipment: a parcel and its electronic booking, label, declarations, route, payment and custody record.
• Custody event: a verified check-in, scan, assignment, handover, arrival, storage, delivery, collection, exception or return record.
• Quote: an estimated or approved charge based on the information supplied. A final charge may change after lawful verification of weight, dimensions, route, handling or declared service.

3. Eligibility and authority

You must be at least eighteen years old and legally capable of entering this agreement, or act through a parent, guardian or duly authorised organisation representative. Information supplied must be accurate, current and lawful. You may not impersonate another person, create an account using an unauthorised contact, or instruct FS to process a shipment you do not have a right to send.

A sender must have authority over the item and authority to provide the recipient’s minimum contact and delivery information. A recipient or collector must have authority to receive the shipment. FS may request proportionate verification and may refuse or pause a transaction where identity, authority, safety, payment or legality cannot reasonably be established.

4. FS services and service availability

Depending on active coverage, category, route and capacity, FS may offer:

• sender drop-off at an eligible FS Point or sorting centre;
• approved pickup from a vendor or sender location as a separately priced collection service;
• sorting-centre and FS Point transfer, storage and last-mile delivery;
• FS Point collection or door delivery;
• standard, priority, same-day or other published delivery promises;
• cash-on-delivery or other collection instructions where approved;
• tracking, notifications, receipts, pickup-code generation and customer support;
• controlled returns, claims review and service recovery.

Availability shown in the platform is not a guarantee that every shipment will be accepted. Coverage, operating hours, driver capacity, weather, road conditions, security, legal restrictions, category limits and verified route information may affect service. FS may use an alternative eligible network location or route where reasonably necessary and will communicate a material change.

5. Accounts, access and security

You are responsible for protecting your password, one-time login code and authenticated device. Do not share an account between unrelated people. Organisation administrators must promptly remove access that is no longer authorised. Tell FS immediately if a device, password, email, telephone number or account may have been compromised.

FS may require verification, role approval, profile completion or a separate invitation before enabling vendor, driver, FS Point or staff functions. Sensitive changes may require another authorised review. FS may suspend access while investigating suspected fraud, unsafe activity, legal non-compliance or an account-role mismatch. A suspension is not a finding of wrongdoing; where appropriate, FS will give reasons and a route to respond.

6. Creating a shipment

A shipment is registered only when FS creates a shipment record and reference. The person creating it must provide the required sender, recipient, route, category, actual or reasonably estimated weight, packaging, delivery method, collection amount and handling information. The system may generate an invoice or payment session when the shipment is saved. A payment attempt alone does not create duplicate shipment authority.

Review the summary and correct errors before submission. FS may correct an obvious formatting error but will not materially change the recipient, item, value, COD amount or destination without authorised evidence. If a booking originated as an approved pickup request, verified request information should prefill the shipment record; staff must still confirm it before acceptance.

7. Estimates, quotes, tariffs and charges

Charges may consider origin and destination, road distance, service level, item category, chargeable weight, dimensions, packaging, declared value, special handling, pickup service, remote-area service, storage, return movement, taxes and other charges clearly presented before acceptance. Public calculators provide estimates, not a binding final tariff, unless labelled as an approved quote.

FS may reweigh, measure, classify or inspect an item using reasonable procedures. If verified details differ, FS will provide the corrected basis and request payment or approval before continuing where practicable. FS will not hide a mandatory charge in an unrelated description. Current tariffs should be available through the platform or at the relevant service location. Promotions apply only within their stated dates, routes, users and conditions.

A vendor pickup request is an additional collection service and may have a separate fee from the shipment’s network delivery fee. The quote should show base collection, distance, extra weight or parcels, priority, handling, tax, waiver or approved discount components. Quotes expire on the date shown.

8. Sender declarations and inspection

The sender must accurately declare the contents, quantity, condition, value and special risks. FS may ask the sender to open a package for a proportionate safety or compliance inspection, or may use lawful screening methods. Refusal may result in rejection or a security hold. Inspection does not transfer the sender’s responsibility for legality, adequate packaging or hidden defects to FS.

FS may refuse, isolate, return or surrender an item to a competent authority where it is prohibited, unsafe, materially misdeclared, inadequately packaged, unpaid, beyond service limits, likely to damage other shipments, or otherwise unlawful. Reasonable inspection, storage, return, disposal or authority-handling costs caused by a sender’s breach may be charged where lawful and evidenced.

9. Prohibited and restricted items

You must not send anything prohibited by Kenyan law, the law of an applicable destination, postal/courier regulation or an active FS category rule. Unless FS has expressly approved a lawful specialist service in writing, prohibited or restricted items include:

• explosives, ammunition, firearms, weapons, fireworks or components intended for unlawful use;
• flammable, radioactive, corrosive, toxic, infectious, noxious or otherwise dangerous substances;
• illegal drugs, controlled substances without lawful authority, counterfeit goods or proceeds of crime;
• unprotected sharp objects, leaking liquids, wet batteries or an item likely to injure a person or damage another shipment;
• living creatures, human remains, organs or biological specimens, except under an expressly approved lawful specialist arrangement;
• cash, bearer instruments, negotiable securities, lottery material or money-lending material where carriage is prohibited or not expressly approved;
• stolen property, unlawful surveillance material, obscene or illegal content, or goods infringing intellectual-property rights;
• perishable food, medicines, temperature-controlled goods, alcohol, tobacco, plants, seeds or chemicals unless the service and legal requirements are expressly approved;
• high-value jewellery, precious metals, works of art or irreplaceable originals unless declared and accepted under a suitable documented service;
• an item whose import, export, possession, sale or carriage requires a permit that has not been provided.

FS may publish category-specific limits. If uncertain, contact support before booking. Acceptance by mistake does not make a prohibited item lawful or insured.

10. Packaging, labels, weight and condition

The sender must use packaging suitable for the contents, weight, route and ordinary mechanical handling. Fragile, liquid, electronic, cosmetic, high-value and unusually shaped goods require appropriate internal protection, sealing and declaration. Old labels and misleading markings must be removed. The FS label and reference must remain readable.

FS may offer packaging for a disclosed charge, but the sender must still disclose the item and any special risk. At initial custody, FS may record visible external condition. Concealed insufficiency, ordinary wear to outer packaging or damage caused by an inherent defect may affect a claim, subject always to mandatory law.

11. Pickup, drop-off and custody

FS custody begins when an authorised FS participant physically receives the parcel and records the required check-in or custody event. A booking, label, pickup request or driver assignment alone does not prove physical receipt. Do not hand a parcel to an unverified person. Confirm the driver, FS Point, tracking reference and visible package condition.

Each handover should identify the releasing and receiving role, FS location where applicable, driver where applicable, date and time, and shipment status. A success message is not a substitute for a persisted custody event. If the platform cannot confirm an event, the parcel must remain in the current custodian’s control until support resolves it.

12. Delivery, collection and pickup codes

For FS Point collection, FS may send the recipient a secure link to generate or retrieve a short-lived pickup code near the location. The recipient must keep the code confidential and provide it only after confirming the tracking reference, parcel and authorised FS agent. Reissuing a link may invalidate earlier credentials; regenerating a payment reference or pickup credential is governed by its status and expiry and may intentionally return the active reference rather than create duplicates.

FS may verify handover using an OTP or pickup code together with a proportionate second factor such as the recipient’s contact match, masked identity details, signature, authorised-representative record or a live photo where lawful. FS should not require a full identity-document upload where a less intrusive reliable method is sufficient. If an ID image is necessary, the agent may use an in-app camera capture so the file is transferred directly to protected storage.

Inspect the parcel and external packaging at handover where reasonably possible. Record visible damage or shortage before acknowledging an unqualified handover. Signing or confirming without an objection may affect available evidence, but does not remove a mandatory right that cannot lawfully be waived.

13. Recipient information and authorised representatives

The sender must provide a reachable recipient and correct delivery instructions. FS may contact the recipient about routing, payment, collection, security and service recovery. A recipient may nominate a representative if FS can verify the authorisation and the selected shipment permits it. Certain high-risk, age-restricted, identity-sensitive or claim-related items may require personal collection.

If the recipient is not an FS account holder, they may still track the shipment, receive a secure collection link, seek support and exercise privacy rights. Account creation should not be forced merely to receive a parcel unless a specific lawful risk control requires it.

14. Payments, confirmation and receipts

Available methods may include M-Pesa Express, an M-Pesa Paybill/C2B fallback and an approved hosted payment gateway. The active checkout hierarchy is shown at payment time. A gateway prompt or customer message is not final FS settlement evidence. FS marks a transaction paid only after backend confirmation and reconciliation of amount, currency, reference and status.

If you receive a mobile-money confirmation but FS still shows pending, use the payment-status function or contact support with the FS reference and provider confirmation code. Do not create another shipment or pay again unless FS instructs you. FS may ask whether you received the provider message, but that answer alone does not mark a transaction paid.

After confirmed payment, the payer may view, print, download, email or send an approved receipt notification. A receipt confirms the recorded payment; it is not proof that a parcel has reached its destination. Refunds are returned through an appropriate verified method after reconciliation and any required approval.

15. Cash on delivery and amounts collected for a sender

COD is available only for approved users, routes and limits. The sender is responsible for setting the correct amount and lawful basis for collection. FS acts as a collection and remittance intermediary for the recorded amount; FS is not the seller of the underlying goods and does not guarantee their quality.

FS may deduct disclosed delivery charges, approved fees, refunds, reversals, registration-fee balances or other contractually authorised amounts before remittance. COD is payable only after verified collection and reconciliation. Disputed, reversed, fraudulent or unverified funds may be held while investigated. Vendor and FS Point statements should identify earnings, deductions, holds and settlement status.

16. Changes, cancellation and refunds

Before physical custody, a sender may request cancellation through the available function or support. After custody begins, cancellation may require an intercept or controlled return and may incur costs already reasonably incurred. A recipient cannot redirect or cancel another person’s shipment without authority.

Consumer cancellation rights for internet, remote or direct agreements under Kenyan law continue to apply. FS will provide an accessible opportunity to review material booking information, correct errors, accept or decline and retain a copy. A refund may exclude a clearly disclosed, lawfully non-refundable service already performed at the customer’s request, but mandatory consumer remedies are not excluded.

17. Delivery times, delays and force majeure

Unless FS expressly guarantees a service in writing, delivery dates and calculator times are good-faith estimates. FS will use reasonable care and communicate material exceptions. Delay may arise from incorrect addresses, unavailable recipients, security incidents, road closure, severe weather, public disorder, outage, provider failure, authority action, prohibited-item investigation, payment hold or another event outside reasonable control.

Force majeure does not excuse a failure to protect a parcel already in custody or to communicate when reasonably possible. FS will take proportionate continuity, rerouting, security and recovery measures. Any specific delay remedy shown in an approved service promise applies in addition to mandatory law.

18. Failed delivery, storage, abandonment and returns

If delivery or collection fails, FS may contact the parties, reschedule, hold at an eligible FS location, correct an authorised address, or initiate a controlled return. Storage and re-delivery charges apply only if disclosed or reasonably caused by inaccurate instructions or delayed collection.

FS will not treat a shipment as abandoned without reasonable contact attempts, an applicable notice and expiry of the published collection period. Undeliverable, refused, unsafe or unclaimed shipments may be returned to origin. Any disposal, sale or surrender must follow applicable law and preserve an auditable decision record.

19. Loss, damage, shortage and claims

Report visible damage or shortage at handover. Report concealed damage as soon as reasonably discoverable and non-delivery promptly after the expected service window. Use the FS support or claim function and provide the shipment reference, description, declared value, proof of purchase or ownership, photographs, packaging, payment evidence and other reasonably requested information. Preserve the item and packaging while the claim is reviewed.

FS will trace custody events, location, package condition, driver and FS Point records, communications and any applicable insurance. A claim hold must pause incompatible shipment actions without incorrectly marking the shipment complete. An authorised reviewer may release the hold, approve service recovery, initiate a controlled return, reject with reasons, or refer the matter to an insurer or authority. The claimant should receive a reference and progress updates.

Compensation for an accepted claim follows the filed FS compensation policy, the selected insurance or declared-value terms and applicable law. For an insured article, compensation will not exceed lawful market value merely because a higher value was stated. Fraud, intentional misdeclaration, prohibited contents, inadequate packaging or an unqualified delivery acknowledgement may affect a claim to the extent permitted by law.

20. Responsibility and limitation of liability

FS is responsible for exercising reasonable care while a shipment is in verified FS custody and for remedies that cannot lawfully be excluded. FS is not responsible for loss caused solely by an inherent defect, ordinary leakage or deterioration, sender packaging failure, unlawful contents, inaccurate instructions, an unauthorised person using credentials through the customer’s fault, or an event outside reasonable control where FS took reasonable protective measures.

Any contractual liability limit must be stated in the applicable rate, declared-value, insurance or compensation schedule and must be fair, visible and lawful. Nothing in these Terms excludes liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of non-excludable data-protection duties, or a consumer remedy that Kenyan law does not permit FS to exclude. FS does not exclude direct, reasonably foreseeable loss merely by labelling it consequential.

21. Goods sold by vendors or freelance sellers

Unless FS is expressly identified as the seller, the vendor or freelance seller—not FS—is responsible for the description, legality, quality, price, warranty, returns and consumer obligations relating to the goods. FS remains responsible for its own logistics service. A complaint about goods may be shared with the seller, while a custody, delivery, payment or FS service complaint remains reviewable by FS.

22. FS Points, drivers and network partners

Partner FS Points and gig drivers operate under written FS terms, role-limited system access, safety and custody procedures. They may use personal information only for the assigned FS task and must not copy recipient lists, solicit customers using FS data, retain identity evidence on personal devices or subcontract without authority. FS-owned sorting centres are internal operations and are not partner commission locations.

Employment and gig-driver plans are separate. Driver earnings arise only from eligible, completed and verified work under an approved effective plan. FS Point commission and registration-fee deductions require approved terms, a valid payout destination and verified earnings. These commercial controls do not reduce the customer’s shipment rights.

23. Acceptable use, fraud and safety

You must not attack or probe the platform, bypass rate limits, scrape personal data, reverse a payment falsely, manipulate a route or weight, reuse another person’s pickup code, submit false documents, create duplicate accounts to evade controls, threaten staff, interfere with custody evidence or use FS for unlawful activity. Security testing requires prior written authorisation.

FS may rate-limit, reject, hold, suspend or preserve evidence where reasonably necessary for safety or investigation. Significant adverse decisions should have recorded reasons and an authorised human review. FS may report suspected crime or regulatory non-compliance and cooperate with a lawful request.

24. Privacy

FS processes personal data as described in the current Privacy Policy. Senders must provide recipient details lawfully and only to fulfil a legitimate shipment. Drivers, vendors, FS Points and staff must follow role-based privacy and confidentiality duties. A privacy request can be submitted at https://origin.fspickupspots.com/privacy/request.

25. Intellectual property

FS names, logos, platform design, software, text and operational materials are owned by or licensed to FS. You receive a limited, revocable, non-transferable right to use the platform for authorised FS services. You may retain and share your own shipment documents, receipts and records. Feedback may be used to improve FS without disclosing confidential information.

26. Electronic records, notices and communications

You agree that bookings, checkboxes, OTP confirmations, authenticated actions, electronic receipts, custody scans and other reliable electronic records may evidence a transaction as permitted by Kenyan law. FS will make applicable internet or remote agreement information available in a form you can access and retain.

Operational notices may be sent through the account, application, email, SMS, push notification or telephone on file. Keep contacts current. A notice is not considered delivered merely because a provider accepted it if FS knows delivery failed and another reasonable operational channel is available.

27. Changes to these Terms

Each published version has a number, effective date, change summary and content hash. Prior versions and publication events are retained. FS may update these Terms to reflect operations, law, risk, pricing structure or technology. Material changes will be highlighted before they take effect where reasonably possible. A material change affecting an existing account may require re-acceptance. A change will not retroactively remove an accrued right or decide an existing claim unfairly.

28. Support, complaints and regulatory escalation

Contact FS at support@fspickupspots.com, +254758715596, or use the support function. Provide the shipment or payment reference and a clear description. FS will issue or retain a case reference, identify the responsible team, communicate expected next action and maintain a resolution history. Urgent safety, active fraud and custody-loss matters are prioritised.

If FS does not resolve a postal or courier complaint satisfactorily after reasonable internal escalation, you may use the Communications Authority of Kenya complaints process. Privacy complaints may be made to the Office of the Data Protection Commissioner. Payment complaints may also be referred to the relevant payment provider or competent regulator. You retain access to courts and any mandatory consumer remedy.

29. Suspension and termination

You may stop using FS and request account closure, subject to completing active shipments, settling lawful balances and retaining records required by law. FS may suspend or terminate an account for material breach, persistent non-payment, dangerous or illegal shipments, fraud, abuse, security risk or loss of required approval. Where appropriate, FS will give notice, reasons and an opportunity to respond. Termination does not erase accrued payment, claim, confidentiality, privacy or evidence obligations.

30. Governing law and disputes

These Terms are governed by the laws of Kenya. The parties should first use FS support and good-faith escalation. Nothing prevents a consumer from using a statutory complaint process or mandatory forum. If a dispute is not resolved, the courts of Kenya have jurisdiction, without limiting the authority of the Communications Authority, Office of the Data Protection Commissioner, Competition Authority, consumer-protection bodies or another competent regulator.

31. General provisions

If part of these Terms is invalid or unenforceable, it will be limited or removed only to the minimum extent necessary and the remainder continues. A delay in enforcing a term is not a waiver. You may not transfer your account or agreement without consent; FS may transfer the agreement to a lawful successor that continues the relevant obligations. Headings and summaries aid navigation but do not override the detailed text.

32. Legal and operational contact

• Operator: FS Pickup Spots Ltd, trading as FS Pickup Spots
• Physical address: The Hamza Bldg 1st Floor Suite B6, Jogoo Road Nairobi
• Legal contact: support@fspickupspots.com
• Support: +254758715596

These Terms are designed with reference to the Constitution of Kenya, the Consumer Protection Act, 2012, the Kenya Information and Communications Act, applicable Postal and Courier Services Regulations, the Data Protection Act, 2019 and regulations, electronic-transaction provisions and other applicable Kenyan law. Mandatory law prevails over an inconsistent contractual provision.