In order to use the KWIK Platform (the “KWIK Platform” or “Website”), access the information contained on the KWIK Platform or website (the “Website”) or make use of the applications and services provided through the KWIK APP (the “Service” or “Services”), you (hereinafter referred to as “You”) must first read this agreement (the “Agreement”) and accept it fully and without conditions.
The KWIK platform and applications are owned and operated by Africa Delivery Technologies S.A.S, a company registered in Paris, France under number RCS Paris 840 494 199 (hereafter referred to as the “Company”).
By using or receiving any services supplied to you by the Company (collectively, the “Service”), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at http://kwik.delivery/terms or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Software at any time, effective upon posting of an updated version of this Agreement on the Service or Software. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Software after any such changes shall constitute your consent to such changes.
The Company does not provide passenger, logistics or courier services, and the Company is not a logistics carrier or a passenger service provider. It is up to the passenger service provider, third party courier or logistics provider, courier or vehicle operator to offer ride and courier services which may be scheduled through use of the software or service. The company offers information and a method to obtain such passenger or third-party courier services, but does not and does not intend to provide the aforementioned services or act in any way as a courier or passenger service provider, and has no responsibility or liability for any passenger, courier services other than the services stated herein provided to you by such third parties. The company does not also provide laundry or food services and shall therefore not bear any responsibility or be liable for loss or damage howsoever caused by or arising in relation thereto.
1. Representations and Warranties
By using the Software or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Software are not available to children (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old. By using the Software or the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of the Republic of Nigeria. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorized device.
By using the Software or the Services, you agree that:
• You will only use the Service or Software for lawful purposes; you will not use the
Services for sending or storing any unlawful material or for fraudulent purposes. Any packages tendered for delivery shall be subject to random checks for restricted and illegal substances upon reasonable suspicion by the courier service provider. Where the checks reveal any potentially corrosive, poisonous or explosive contents or unlawful material the courier service provider shall decline delivery of the package and immediately notify the Company.
• You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
• You will not impair the proper operation of the network.
• You will not copy, or distribute the Software or other content without written permission from the Company.
• You will only use the Software and Service for your own use and will not resell it to a third party.
• You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
• You will provide us with whatever proof of identity we may reasonably request.
2. License Grant & Restrictions
The Company hereby grants you a non‐exclusive, non‐transferable, right to use the Software solely for your own personal, non‐commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not:
• license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
• modify or make derivative works based upon the Service or the Software;
• create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet‐based device;
Reverse engineer or access the Software in order to:
• build a competitive product or service;
• build a product using similar ideas, features, functions or graphics of the Service or Software, or
• copy any ideas, features, functions or graphics of the Service or Software, or
• launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software only for your personal, non‐commercial purposes and shall not:
• send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
• send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;
• send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
• interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
• attempt to gain unauthorized access to the Software or Service or its related systems or networks.
3. Payment Terms
Any fees which the Company may charge you for the Software or Services, are exclusive of all taxes and levies, are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Services either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine the final prevailing pricing ‐ Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services or Software as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Services or Software.
4. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
5. Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third‐party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third‐party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third‐party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at http://www.kwik.delivery. The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service..
By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
7. Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GO
8. Internet Delays and/or Disruptions
THE COMPANY’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, DISRUPTIONS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
9. Limitation of Liability
EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF PASSENGER, LOGISTICS AND/OR COURIER SERVICES PROCURED THROUGH THE KWIK APP. IN ANY CASE AND IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOR COURIER SERVICE PROVIDERS CONNECTED TO YOU BY THE COMPANY, IT WILL NOT ASSESS THEIR SUITABILITY, LEGALITY OR ABILITY AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY COURIERS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. UNLESS OTHERWISE AGREED TO BY YOU AND THE COMPANY, THE COMPANY SHALL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SOFTWARE OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAWS OF THE REPUBLIC OF NIGERIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE).
THE QUALITY OF THE PASSENGER, LOGISTICS OR COURIER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE SERVICE, YOUR SHIPMENTS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE SERVICE AT YOUR OWN RISK.
THE COMPANY SHALL ENSURE THAT THE PASSENGER, COURIER AND LOGISTICS SERVICE PROVIDERS OBTAIN AND KEEP A COMPREHENSIVE MOTOR VEHICLE INSURANCE, PERSONAL ACCIDENT COVER AND/OR CARRIER’S LIABILITY COVER, AS APPLICABLE. THE CARRIER’S LIABILITY COVER SHALL PROVIDE INSURANCE COVERAGE AGAINST LOSS OR DAMAGE FOR PACKAGES DELIVERED THROUGH THE KWIK PLATFORM.
YOU SHALL ONLY BE ENTITLED TO COMPENSATION FROM THE INSURANCE PROVIDER UNDER THE CARRIER’S LIABILITY COVER IN THE EVENT OF LOSS OR DAMAGE TO A PACKAGE BY CLICKING THE CHECK BOX PROVIDED BELOW AND UPON YOUR PAYMENT OF AN ADDITIONAL AMOUNT OF KSHS. 10 FOR MOTORBIKE DELIVERIES, KSHS. 200 FOR TRUCK DELIVERIES WITHIN THE CITY AND KSHS. 400 FOR CITY TO CITY TRUCK DELIVERIES OUTSIDE NAIROBI, OVER AND ABOVE THE DELIVERY FEES. HOWEVER, YOU RETAIN THE RIGHT TO HAVE THE PACKAGE DELIVERED THROUGH THE KWIK PLATFORM WITHOUT THE OPTION OF RECEIVING COMPENSATION FOR LOSS OR DAMAGE UNDER THE CARRIER’S LIABILITY COVER.
I HEREBY EXPRESS MY CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THE CARRIER’S LIABILITY COVER AND TO RECEIVE COMPENSATION THEREUNDER ON THE TERMS SET OUT ABOVE.
I further warrant that I shall not use the Service to transport the following categories of items:
• Items of high, unusual and/or unpredictable value such as gold or diamonds
• Bank bills
• Biological substances presenting a biohazard
• Illegal drugs & Narcotics
• Live animals
• Hazardous waste
• Corpses and/or cremated remains
• Any item whose trade is forbidden by international treaties, such as Ivory
Notices made by us for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via a notification message displayed on Your account page or via the email address provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures we may provide from time to time. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email. For notices made by You to us and for questions regarding this Agreement or the Services, You may contact KWIK management at [email protected]
The Company reserves the right to close or suspend Your account without prior warning should You contravene any of the terms and conditions of this Agreement and any future amendments and additions thereto.
Any Agreement with the Company may not be assigned by You without the prior written approval of the Company and any such purported assignment in violation of this section shall be void.
The Agreement may be assigned without your consent by the Company to:
• a parent or subsidiary
• an acquirer of assets
• a successor by merger
13. Miscellaneous Provisions
Responsibility. If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of Your Agreement with the Company and/or these Terms and Conditions, You shall be deemed to have taken the action Yourself.
Severability. If any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.
Waivers. The failure by us to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns. These Terms and Conditions will be binding upon, and inure to the benefit of the Company and any contracting parties and their respective successors and assigns.
International Sale of Goods. Export and Import Control Laws and Regulations. You and KWIK hereby agree to opt out from and expressly exclude any applicability of the U.S. Uniform Information Transactions Act (UCITA). Services, Content, and product derived or obtained from KWIK Services may be subject to the NIGERIA export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re‐export or import authorizations required by NIGERIA or your local laws; (b) not use Services, Content, or direct product from KWIK Services to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from KWIK Services to prohibited countries and entities identified in the NIGERIA export regulations.
No Agency. Nothing in these Terms and Conditions shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between KWIK and You.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiary to any agreement entered into with the Company.