Effective Date: 26, May, 2023
Please read these Terms of Service ("Terms") carefully before using our ride-hailing services provided through our website or mobile applications (collectively, the "Services"). These Terms govern your access to and use of the Services provided by Kabukabu ("we," "us," or "our"). By using our Services, you agree to be bound by these Terms.
1. User Eligibility
By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Use of Services
2.1. Ride Bookings: Our Services enable you to request rides from independent drivers who are registered with us. By requesting a ride, you agree to be matched with a driver and abide by the driver's terms and conditions.
2.2. User Conduct: You agree to use our Services responsibly and in compliance with applicable laws and regulations. You will not engage in any unlawful, fraudulent, or abusive conduct while using our Services. Any violation of these Terms may result in the suspension or termination of your access to the Services.
2.3. Account Security: You are responsible for maintaining the security of your account credentials. You agree to keep your login information confidential and notify us immediately of any unauthorized use or suspected security breach.
3. Pricing and Payments
3.1. Fare Calculation: The fares for rides booked through our Services are calculated based on various factors, including distance, time, and additional charges. We strive to provide transparent fare information, but actual fares may vary depending on factors such as traffic conditions and driver availability.
3.2. Payment: You agree to pay the fare and any additional charges incurred for the services provided by the driver. Payment may be made through the payment methods available in our Services. We may use third-party payment processors to facilitate transactions, and your use of such processors is subject to their terms and conditions.
4. Data Collection
4.1. How we collect location data (Driver): We collect precise or approximate location data from driver’s device when the Kabukabu app is running in the background (when the app is open but not on-screen) or foreground (when the app is open and on-screen).
4.2. How we collect location data (Riders). We collect precise or approximate location information from the rider's device if they enable the app to do so via their device settings.
4.3. We collect such data from the time a ride is requested until the end of the trip, and any time the app is running in the foreground (when the app is open and on-screen).
4.4. Riders can choose to use the Kabukabu app without enabling location data collection from their mobile devices. However, this may affect certain features in the app. I.e, a rider who has not enabled precise location data will have to manually enter their pickup location.
4.5. Precise location data collected from a driver’s device during a trip is linked to the rider’s account, even if the rider has not enabled precise location data to be collected from their device. This data is used for purposes such as receipt generation, customer support, fraud detection, insurance, and litigation.
5. Intellectual Property
All intellectual property rights in our Services, including but not limited to trademarks, logos, and content, belong to us or our licensors. You are granted a limited, non-exclusive, non-transferable license to use our Services solely for your personal, non-commercial purposes. You shall not modify, distribute, reproduce, or create derivative works based on our Services without our prior written consent.
6. Disclaimer of Warranties
You acknowledge that the Services are provided on an "as is" and "as available" basis. We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components. Your use of the Services is at your own risk, and we disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Services. Our total aggregate liability for any claims related to the Services shall not exceed the amount paid by you, if any, for the use of the Services.
8. Account Deletion
If you would like to delete your Kabukabu account;
8.1. Once you delete your account, it will be immediately deleted, and any unused credits, promotions, or rewards will be removed.
8.2. You can choose to delete your Kabukabu account whenever you want. As a result of that, you will not be able to use the Kabukabu app via an account that has been deleted.
8.3. Your personal data will be stored as long as you have an active account. If your account is closed, personal data will be deleted from the databases, unless such data is required to be retained for accounting, dispute resolution, or fraud prevention purposes
9. Modifications to the Terms
We reserve the right to modify these Terms at any time. Any changes to the Terms will be effective upon posting the updated version on our website or mobile applications. It is your responsibility to review the Terms periodically. Continued use of the Services after the posting of changes constitutes your acceptance of the modified Terms.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Lagos State. Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of The Lagos Court of Arbitration (LCA). The arbitration shall take place in Lagos State, and the language of the arbitration shall be English.
11. Contact Us
If you have any questions or concerns regarding these Terms, please contact us at email@example.com.
By using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.