Terms & Conditions.
PART A - GENERAL TERMS RELATING TO KWIK PIK SERVICES
- You shall be permitted to access the Platform, avail the Kwik Pik Services, and connect with Riders on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform and Kwik PikServices is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, and valid phone number while registering on the Platform.
- As a part of the registration, You may be required to undertake a verification process to verify Your personal information and set up the Account.
- Kwik Pik shall have the right to display the information, feedback, ratings, reviews, etc. provided by You on the Platform. You agree and accept that as of the date of Your registration on the Platform, the information provided by You is complete, accurate, and up-to-date. In the event of any change to such information, You shall be required to promptly inform Kwik Pik of the same, in writing, at least 1 (one) week before the date on which such change shall take effect. You acknowledge and accept that Kwik Pik has not independently verified the information provided by You. Kwik Pik shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Kwik Pik has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete,Kwik Pik reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
Kwik Pik Services:
- The Platform provides You with the following services ("Kwik Pik Services"):
- It allows you to pick up and drop off packages from 1 (one) location to the other through Kwik Pik ("Pick Up and Drop Off Services").
- It allows You to give ratings, write comments and reviews about Kwik Pik and Riders;
- To facilitate improvement in the quality of the services provided by Kwik Pik on the Platform based on User ratings, reviews, and feedback provided on the Platform.
- Once the Delivery Services/Pick-Up and Drop-Off Services/ have been completed or delivered, as the case may be, You shall be promptly notified on the Platform.
- Kwik Pik may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Kwik Pik Services listed above from time to time.
- You hereby agree and acknowledge that Kwik Pik is only a facilitator between You and the Riders (as the case may be) and Kwik Pik only provides You with access to the Platform to connect with riders for You to initiate transactions on the Platform. You hereby agree and acknowledge that Kwik Pik will not be a party to any of the transactions that are initiated by You through the Platform andKwik Pik shall not be liable in any manner or incur any liability concerning the services performed by the Riders, as the case may be.
- You shall be eligible to avail the Kwik Pik Services as per applicable laws;
- Kwik Pik does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by us, and therefore Kwik Pik shall have no liability with respect to the same. However, if it comes to the knowledge of Kwik Pik that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, Kwik Pik shall have the right to report You to the government authorities and take other appropriate legal actions against You.
- You hereby acknowledge that Kwik Pik shall not be liable for any damages of any kind arising from Your use of the Kwik Pik Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Kwik Pik around Your area at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point in time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
- If a transaction initiated by You on the Platform cannot be completed, Kwik Pik shall notify You on the Platform.
- You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to send, using the Platform.
- Kwik Pik shall use Your location-based information that is captured by Kwik Pik through the global positioning system when You are using Your mobile device to request a Kwik Pik Service on its app. Such location-based information shall be used by Kwik Pik only to facilitate and improve the Kwik Pik Services being offered to You.
- We can’t fulfill any tasks which are immoral or unlawful. Kwik Pik reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Kwik Pik’s internal policies or as per the independent discretion ofKwik Pik. We may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are a party.
- You hereby acknowledge that if You have any complaint concerning the Kwik Pik Services, You will first inform Kwik Pik in writing within 24 (twenty-four) hours of using such Kwik Pik Services.
- You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Kwik Pik. Further, You understand and agree that certain information will be case sensitive and must be handled with prudent care.
- In the case where the Platform is unable to establish the unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Kwik Pik reserves the full discretion to suspend a User‘s Account in the above event and does not have the liability to share any Account information whatsoever.
- Purchase Services: While initiating a request for a Purchase Service, You shall pay for the price of the Items You require Kwik Pik to deliver to You. The transaction for the Service will be initiated on the Platform once You have completed the payment for the same on the Platform.
- Delivery Services: While availing Delivery Service, You shall pay through the Platform, as communicated to You by Kwik Pik.
- Pick Up and Drop Off Services: While initiating a request for a Pick-Up and Drop Off Service, You shall pay the service fees for availing the Pick-Up and Drop-Off Service, as may be displayed to You on the Platform. Only upon making such payment will Kwik Pikinitiate the Pick-Up and Drop-off Service.
- You agree that Kwik Pik may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.
- You agree that:(i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Rider (with respect to the services performed), and(ii) the Rider may also be prompted to rate You on the Platform. Based upon such Rider’s ratings, Your rating score on the Platform will be determined and displayed.
- Kwik Pik reserves the right to use, share and display such ratings and comments in any manner in connection with the business of Kwik Pikwithout attribution to or approval of Users and You hereby consent to the same. Kwik Pik reserves the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Kwik Pik’s content policies.
- Location: You acknowledge and agree that Your geo-location information is required for You to avail the Kwik Pik Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Kwik Pik may share Your geo-location information with Riders (as the case may be).
PART B - SPECIFIC TERMS FOR KWIK PIK SERVICES
Cancellation and Refund
- Kwik Pik shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that You may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by US, as the case may be.
- Kwik Pik may cancel the transaction initiated by You on the Platform, if:
- The designated address to avail the Kwik Pik Services provided by You is outside the service zone of Kwik Pik.
- Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
- Information, instructions, and authorizations provided by You are not complete or sufficient to execute the transaction initiated by You on the Platform.
- If the transaction cannot be completed for reasons not in control of Kwik Pik.
- You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject therein, You shall be eligible to get the refund in the following circumstances:
- Your package has been tampered or damaged at the time of delivery, as determined by Kwik Pik basis the parameters established byKwik Pik in its sole discretion.
- Kwik Pik has canceled the order because of any reason mentioned under Para 6 (b) above.
- Any complaint with respect to damaged goods, delay in delivery, or missing goods, must be directed to Kwik Pik’s registered office, phone call, or email address within 24 hours after the completion of the order.
- Pursuant to clause 7.1, failure to lodge a complaint within the specified period shall foreclose any further complaint in respect of the same order.
- All complaints must be made by sending an email to Kwik Pik’s email address, phone call or in writing to the registered address of the company.
Pick Up and Drop Off Services
- As a part of the Kwik Pik Services, we also give You an option to avail the Pick Up and Drop Off Services being provided by us.
- You can initiate a transaction on the Platform by which You may (through the help of Kwik Pik) send packages at a particular location. The Pick Up and Drop Off Services are provided to You directly by Kwik Pik and we assume responsibility or liability for any form of deficiency of services on our part.
- You agree that before requesting a Pick-up and Drop-off Service, You are well aware of the contents of the package sent or requested by You through Kwik Pik, and that such contents are legal and within the limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier‘s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
- You are also aware that Kwik Pik may choose to perform the Pick Up and Delivery Services requested by You.
- You also agree that, upon becoming aware of the commission of any offense by You or Your intention to commit any offense upon initiating a Pick-up and Drop-off Service or during a Pick-up and Drop-off service of any Item(s) restricted under applicable law,Kwik Pik may report such information to the law enforcement authorities.
Eligibility to Use
- The Kwik Pik Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Kwik Pik from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving, using, or availing Kwik Pik Services under the applicable laws.
- Kwik Pik reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without giving any reasons for doing so.
- You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
User Account, Password, and Security
- To use the Platform and avail the Kwik Pik Services, You will have to register on the Platform and create an account with a unique user identity and password ("Account"). If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration.
- You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to(i) immediately notify Kwik Pik of any unauthorized use of Your Account information or any other breach of security, and(ii) ensure that You exit from Your Account at the end of each session. Kwik Pik cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Kwik Pik or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.
Representations and Warranties
- You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Kwik Pik Services.
- You represent and warrant that You are legally authorised to view and access the Platform and avail the Kwik Pik Services.
- You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Kwik Pik. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Kwik Pik Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Kwik Pik disclaims all liabilities arising in relation to such offensive content on the Platform.
- Further, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
- do any such thing that may harm minors in any way;
- copy, republish, post, display, translate, transmit, reproduce or distribute any Kwik Pik Property through any medium without obtaining the necessary authorization from Kwik Pik;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another‘s computer;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Kwik Pik server, or through the Platform, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other Users, Riders in connection with the prohibited conduct and activities set forth herein;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any other User, Rider, Staff or person;
- threaten the unity, integrity, defense, security or sovereignty of Nigeria, friendly relation with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting for any other nation; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- You agree and acknowledge that the use of the Kwik Pik Services offered by Kwik Pik is at Your sole risk and that Kwik Pik disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, Kwik Pik makes no representation or warranty that the Kwik Pik Services will meet Your requirements.
Disclaimer of Warranties & Liabilities
You expressly understand and agree that to the maximum extent permitted by applicable law:
- Kwik Pik will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Kwik Pik also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
- Kwik Pik will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
- Kwik Pik shall not be responsible for the delay or inability to use the Platform, Kwik Pik Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Kwik Pik shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Kwik Pik‘s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
Indemnification and Limitation of Liability
- In no event shall the Indemnitees be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Kwik Pik Property on the Platform.
- Subject to applicable laws, in no event will Kwik Pik or its employees aggregate liability, arising from or related to the Kwik PikServices or the use of the Platform shall not exceed N 100 for any and all causes of actions brought by You or on behalf of You.
- The Platform and the Kwik Pik Services are only available to Users located in Nigeria.
Term and Termination
- You hereby agree and acknowledge, upon termination, Kwik Pik shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Kwik Piket. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Kwik Pik Service.
- Notice: All notices from Kwik Pik will be served by email to Your registered email address or by general notification on the Platform.
- IP Infringement: If You believe the Platform violates Your intellectual property, You must promptly notify Kwik Pik in writing. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
- the intellectual property that You believe is being infringed;
- the item that You think is infringing and include sufficient information about where the material is located on the Platform;
- a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- Your contact details, such as Your address, telephone number, and/or email;
- a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- Your physical or electronic signature.
In no event shall Kwik Pik have liability to you for all claims arising out of or as a result of this agreement to be more than N600,000.00 or fees paid by you (customer) for your Order.