Terms & Conditions.

PART C: GENERAL TERMS OF USE

9. Eligibility to Use

   • The Kwikpik Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Kwikpik 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 Kwikpik Services under the applicable laws.
   • Kwikpik 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.

10. User Account, Password, and Security

    • To use the Platform and avail the Kwikpik 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 Kwikpik 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. Kwikpik 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 Kwikpik 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.‍

11. Representations and Warranties

    • Subject to compliance with the Terms of Use, Kwikpik grants You a non-exclusive, limited privilege to access and use this Platform and the Kwikpik Services.
    • You agree to use the Platform only:(i) for purposes that are permitted by this Terms of Use; and(ii) in accordance with any applicable law, regulation, or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Kwikpik or other Users.
    • 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 Kwikpik Services.
    • You represent and warrant that You are legally authorised to view and access the Platform and avail the Kwikpik Services.
    • You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Kwikpik. 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 Kwikpik 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. Kwikpik 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 Kwikpik Property through any medium without obtaining the necessary authorization from Kwikpik;
      • 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 Kwikpik 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;
      • use the Platform or any material or Kwikpik Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
      • 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;
      • violate the Terms of Use contained herein or elsewhere;
      • 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 Kwikpik Services offered by Kwikpik is at Your sole risk and that Kwikpik 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, Kwikpik makes no representation or warranty that the Kwikpik Services will meet Your requirements.
    • All materials/content on our Platform (except any third-party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Kwikpik. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Kwikpik’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Kwikpik hereby grants You a non-exclusive, freely revocable (upon notice from Kwikpik), non-transferable access to view the Material on the Platform.

12. Disclaimer of Warranties & Liabilities

    You expressly understand and agree that to the maximum extent permitted by applicable law:

    • The Platform and Kwikpik Property, Kwikpik Services are provided by Kwikpik on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Kwikpik makes no warranty that (i) the Platform, Kwikpik Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Kwikpik shall create any warranty not expressly stated in the Terms of Use.
    • Kwikpik will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Kwikpik also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
    • Kwikpik 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.
    • Kwikpik shall not be responsible for the delay or inability to use the Platform, Kwikpik 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, Kwikpik 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 Kwikpik‘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.

13. Indemnification and Limitation of Liability

    • You agree to indemnify, defend and hold Kwikpik harmless including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Kwikpik Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
    • 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 Kwikpik Property on the Platform.
    • Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or KwikpikServices.
    • Subject to applicable laws, in no event will Kwikpik or its employees aggregate liability, arising from or related to the KwikpikServices 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 Kwikpik Services are only available to Users located in Nigeria.

14. Term and Termination

    • The Terms of Use will continue to apply until terminated by either You or Kwikpik as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Kwikpik Services, Your only recourse is to (i) close Your Account on the Platform and/or (ii) stop accessing the Platform. Kwikpik may, in its sole discretion, bar your use of theKwikpik Services at any time, for any or no reason. Even after your account with Kwikpik is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.
    • The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
    • Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Kwikpik chooses to terminate them.
    • You hereby agree and acknowledge, upon termination, Kwikpik shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.

15. Governing Law

    This Terms of Use shall be governed by and constructed in accordance with the laws of Nigeria.

16. Report Abuse

    In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@Kwikpik.cc In case You have any queries with respect to the Terms or the Kwikpik Services, please write to Us at support@kwikpik.io

17. Communications

    You hereby expressly agree to receive communications by way of SMSs and/or e-mails fromKwikpik etc. 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 Kwikpik Service.

18. General

    • Amendments: Kwikpik reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.
    • Notice: All notices from Kwikpik will be served by email to Your registered email address or by general notification on the Platform.
    • Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Kwikpik’s rights under the Terms of Use are freely transferable by Kwikpik to any third party without the requirement of informing You or seeking Your consent.
    • Waiver: Any failure by Kwikpik to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Kwikpik of that provision or right.
    • Integration: These Terms of Use together with Kwikpik’s Privacy Policy and any other legal notices, communications published by Kwikpik on its Platform, and any other agreements executed between You and Kwikpik shall constitute the entire agreement between you and Kwikpik concerning its Platform, Kwikpik Services and governs Your use of the Platform and Kwikpik Service, superseding any prior agreements between You and Kwikpik with respect to the Platform and Kwikpik Service
    • IP Infringement: If You believe the Platform violates Your intellectual property, You must promptly notify Kwikpik 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.

19. Liabilities

    In no event shall Kwikpik 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.