1.1 You (the "Customer") are permitted by "Kanyride Investment Co. Limited" (Parent company of Kany & Kany Driver) to access and use the Kany & Kany Driver website and services located at kanyride.com, as long as you agree to abide by these Terms & Conditions:
1.2. To use Kany & Kany Driver, you will need to create a customer account with us, when you create this account you must provide us with accurate and complete registration information (company name, telephone number, email, business address, etc) and it is your responsibility to inform us of any changes to this information. If you need to tell us about a change, email us by using the 'Contact Us' form.
1.3. To use Kany & Kany Driver you must be at least 16 years, people under the age of 16 are prohibited from accessing the Kany & Kany Driver website. By accepting these Terms and Conditions you are confirming that you are over 16 years of age. Any user found to be younger than 16 will have their account suspended from the service until such time as they can prove they are 16 or older.
1.4. You are responsible for yours, your add-on users, and your driver accounts security, (making sure no one else logs on your or your users account). You should make every effort to ensure that any and all usernames/passwords/pin numbers associated with Kany & Kany Driver are kept safe by all your assigned users and yourself.
1.5. For the avoidance of any doubt, any future reference to your "account" includes but is not limited to, your customer account, your add-on user accounts, your driver accounts, your customer accounts, your API logins, and all relevant data stored and processed by Kany & Kany Driver within these.
1.6. You are responsible for all activity on your own Kany & Kany Driver User Account and any Driver Accounts you create. You must inform Kany & Kany Driver immediately if you suspect someone knows your password, or has been accessing your account.
1.7. If you forget or lose your password/account username you must use the 'Contact Us' form to retrieve it. If we suspect an account is being used by someone other than the person that created it, then we may place a temporary suspension, (safety ban) on that account while confirm the owner's identity and return it to them.
1.8. All Kany & Kany Driver accounts are non-transferable. Kany & Kany Driver customers may not willingly allow another person access to their account. Any user found to be sharing or transferring accounts will be suspended from the Kany & Kany Driver service. In the event of a new company owner, a new account must be created and data transferred.
1.9. Kany & Kany Driver accounts that are unused, suspended, or terminated will be deleted from the system along with any data attached, however, we may decide not to delete accounts that have; a positive/negative balance, an active membership, any suspend record.
1.10. The service offered by Kany & Kany Driver does not include the provision of computer, mobiles or other equipment. To use Kany & Kany Driver you will require Internet connectivity and appropriate telecommunication links. Kany & Kany Driver shall not be liable for any telephone, data, or other costs that you may incur by using our services.
1.11. Using any public area of Kany & Kany Driver for commercial use is not permitted without prior consent from Kany & Kany Driver.
1.12. Kany & Kany Driver users may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information or services obtained from Kany & Kany Driver. All our intellectual property rights and those of persons providing content to the site are fully reserved.
1.13. Kany & Kany Driver users may not seek to obtain unauthorised access to Kany & Kany Driver's computer systems, information or any of their databases. This includes any kind of penetration testing such as PCI Compliance Scans.
1.14. The Kany & Kany Driver software is only licensed use via the Kany & Kany Driver website, Rider and Driver Mobile Applications, and the official Kany & Kany Driver API's. Kany & Kany Driver does not permit its customers to use the Kany & Kany Driver software for any other purpose. You agree to use Kany & Kany Driver only via the Kany & Kany Driver website, mobile applications, and official API's and not through any other means. You further agree not to create or provide any other means through which others may use Kany & Kany Driver, including but not limited to web scraping and computer applications.
1.15. You agree you will not hold Kany & Kany Driver, its subsidiaries, partners, affiliates and employees, responsible for any breach to these Terms & Conditions. This would include, but is not limited to; responsibility for any reasonable legal costs made by any third party due to, or arising out of, any breach by you of these Terms & Conditions.
1.16. Kany & Kany Driver reserves the right to remove any services, whether provided free for a charge, at any time without any notice. This includes Premium Plans, features, and items previously purchased that are no longer supported by Kany & Kany Driver.
2.1. You have the right and control over your confidential information and can refuse any request from Kany & Kany Driver for such information, however this may effect the abilities we have for providing certain services.
2.2. You must provide all information detailed in 1.2 when creating your account with us.
2.3. You must not provide Kany & Kany Driver or store on Kany & Kany Driver servers and site information and materials that are illegal, contrary to law and against public policy.
2.4. You shall not make Kany & Kany Driver liable for any omissions to third parties.
2.5. You have a responsibility to monitor and manage jobs in the system using the available tools irrelevant of the booking method.
2.6. Unless otherwise pronounced by the Honourable Court, you agree that in any event Kany & Kany Driver's liability for any damages and losses shall not under any circumstances exceed the amount paid by you to date.
2.7. You agree that Kany & Kany Driver may suspend or terminate your account without notice if:
2.7.1 Kany & Kany Driver reasonably believes that the services are being used in violation of these terms and conditions;
2.7.2 You have failed to cooperate with any reasonable investigation of any suspected violation of the terms and conditions;
2.7.3 Kany & Kany Driver reasonably believes that the suspension of service is necessary to protect its network or its other customers;
2.7.4 You initiate or threaten to initiate a charge-back or request a refund for any payments made to Kany & Kany Driver;
2.7.5 Your account becomes in default or holds a negative balance beyond that agreed by both parties in writing;
2.7.6 Your account holds an outstanding invoice that has not been settled within a week of its due date;
2.7.7 per a requested received by Kany & Kany Driver from a law enforcement or regulatory agency;
2.7.8 at any point Kany & Kany Driver decides to do so for any reason not prohibitied by law;
2.8. You shall pay Kany & Kany Driver an administration fee of $100.00 in the event of your account being suspended or terminated by any of Section 2.7 if Kany & Kany Driver agrees to allow you back on the platform.
2.9. You agree that if your services are suspended or terminated that Kany & Kany Driver has no obligation to store Confidential Information, including but not limited to, Client Information, Driver Information, and Future and Historical bookings and can destroy this information without liability.
2.10. In the event of server downtime and connectivity issues, your recourse for losses will be against the networking and hosting provider which is currently Amazon Web Services and Digital Ocean. The relevant terms and conditions can be found at each appropriate website.
2.11. Kany & Kany Driver has the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation from you and your subsidiaries, partners, affiliates and employees. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated.
3.1. Kany & Kany Driver has the right to get from you or your account any information relevant or necessary for the Kany & Kany Driver to perform the Services under this Agreement provided that the reason for such need of information is appropriate and necessary.
3.2. Kany & Kany Driver has the right to refuse to allow account creation or provide its services if the performance of such will be injurious to Kany & Kany Driver's interest and welfare.
3.3. Kany & Kany Driver has the right to decline to provide its services when the purpose is illegal, contrary to law and against public policy.
3.4. Kany & Kany Driver shall not be liable for any acts or omissions of the Client to third parties.
3.5. Kany & Kany Driver shall not be liable for any damages claimed by third party in relation to 2.4 of this agreement
3.6. Kany & Kany Driver requests that all call recordings of Kany & Kany Driver staff remain confidential unless permission is granted by Kany & Kany Driver in writing for its disclosure.
3.7. Kany & Kany Driver agrees to regard the Client's Private Information, Rider’s Private Information, Driver's Private Information and Internal Processes Information as confidential.
3.8. Kany & Kany Driver does not have a responsibility over managing your fleet, this is on yourself per 2.5 of this agreement. Kany & Kany Driver is not responsible for anything that may occur before, during, or after a booking has been placed.
3.9. Kany & Kany Driver provides no guarantees regarding the operation or functioning of systems or its uptime, availability, and performance.
3.10. The Kany & Kany Driver website, system, and applications contain information from reliable sources. However, Kany & Kany Driver accepts no responsibility for this information, nor does it guarantee the accuracy of any information published in the website.
3.11. Kany & Kany Driver provides reliable software and in good faith to you. However, Kany & Kany Driver gives no guarantee that the content and usability of the website, the software, and the other services offered are free from error. Kany & Kany Driver accepts no responsibility or liability for interruptions to the service it provides, infection by viruses or anything else that has contaminating or destructive properties.
3.12. Kany & Kany Driver will not be liable for any damages incurred by your use of, or inability to use, the website, any software or system, services provided, or any of its content or material. Further, Kany & Kany Driver will not be liable for any action taken against you as a result of your usage of the Kany & Kany Driver system, service, or any of its content.
3.13. Kany & Kany Driver reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services without notice, although Kany & Kany Driver will attempt to announce such changes via the appropriate pages at Kany & Kany kanyride.com and through sending an Email to you.
3.14. Kany & Kany Driver will not be held responsible for any damages, losses or claims as a result of your account or its services being suspended or terminated.
4.1. You acknowledge and agree that certain services are provided by Kany & Kany Driver for a fee or other charge. These fees and charges are described on the Kany & Kany Driver website, you agree to the pricing to which can be found on the 'Pricing' section of the landing page.
4.2. Kany & Kany Driver reserves the right to withdraw enhanced services or make any changes to these services that it deems necessary. Information regarding the removal of such services will be announced via the relevant pages at Kany & Kany Driver or within the control panel.
4.3. Kany & Kany Driver from time to time may offer its users 'free' credits, which can be used as payment towards these enhanced services. The balance will be deducted from your account as and when purchases are made and any promotional credit is non-refundable.
4.4. From time to time Kany & Kany Driver may offer, its customers, the right to purchase physical goods via the Kany & Kany Driver site. Where goods are sold directly through Kany & Kany Driver , you have the right to return these for a full refund (minus delivery charges) provided; the goods are returned at your own expense, within fourteen days of receipt and in the condition they were sold. Goods sold via third parties, the third parties Terms & Conditions will apply and Kany & Kany Driver assumes no liability for refunds on purchased items.
4.5. You acknowledge and agree that once a purchase is made, this includes, but is not limited to enhanced services; you have no rights to cancel the purchase/contract other than pursuant via these Terms and Conditions.
4.6. Kany & Kany Driver customers can if they desire terminate their account, requests to terminate their account must be emailed to support@Kany & Kany kanyride.com with a copy of photographic identification and address documentation. Refunds of any service charges or active balances are not given on account termination.
4.7. Kany & Kany Driver reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
4.8. When you create an account with Kany & Kany Driver, you will be given an account balance of nil. In order to use certain services of Kany & Kany Driver you must maintain an account balance by pre-payment. Kany & Kany Driver account top-ups are final and refunds are not issued under any circumstances.
4.9. You are allowed to make payment using channels agreed upon between you and Kany & Kany Driver. In event of failure of payment through a previously agreed channel, we reserve the right to choose another payment channel of our choice.
4.10. In the event your account hold a negative balance due to default, or a credit allowance is granted by Kany & Kany Driver, Kany & Kany Driver automatically top-up your account to clear your balance in accordance to the automatic top-up schedule which you agreed to when upgrading. Additionally:
4.10.1 Payment will automatically be drawn by any payment method you have chosen immediately.
4.10.2 In the event of a declined payment, Kany & Kany Driver will continue to attempt payments on all stored card payment methods periodically until amounts are settled.
4.10.3 In the event an invoice raised remains overdue for more than 24 hours or your account balance remains in arrears, Kany & Kany Driver reserves the right to suspend your account at any time without notice per 2.7.6 of this agreement.
4.11. Kany & Kany Driver reserves the right to change, remove or add payment methods. The offer of any or all payment methods is at the sole discretion of the Kany & Kany Driver.
4.12. Kany & Kany Driver offers the ability to enable automatic payments, this allows Kany & Kany Driver to automatically top-up your account balance by the agreed amount once your balance reaches below an agreed amount. This service can be stopped, modified, and added at any time by you.
4.12.1. In the event of a declined Autopay payment via your payment methods, you agree for Kany & Kany Driver to continue to periodically attempt payment until payment is successful. Kany & Kany Driver will however stop re-attempts at a time of its own discretion or when directed by the user by configuring their account appropriately.
4.12.2. Kany & Kany Driver is not responsible in any failure in the automatic payment system, its payment processors, or any other third party and it is your responsibility to ensure a positive account balance is maintained.
4.13. You are responsible for ensuring you maintain an account balance to use any paid services provided by Kany & Kany Driver, in the event a service is requested and there are unpaid or insufficient funds or credit such services may be blocked immediately or refused.
4.14. No cancellation notice is required by Kany & Kany Driver, if you wish to stop using your services, simply email us at support@kanyride.com. Please be aware your account may be deleted per section 1.9 of this agreement, unless a positive balance is maintained.
4.15. In case that there is a need to pay taxes and/or VAT for the performance of your Services provided in this agreement, you will be responsible of all the taxes and/or VAT related to the Services. This will be charged at time of top-up or auto-topup by adding the additional amount to specified top-up amount.
4.16. In the event of account suspension due to non-payment per 2.7.5 and/or 2.7.6, you agree to Kany & Kany Driver's right to place a "non-payment" notice on your phone number, website, and mobile applications if applicable. Furthermore you agree that the phone numbers of any of your services remain unchanged until full payment for the outstanding balance on your account has been received by Kany & Kany Driver.
4.17. Kany & Kany Driver may record and transmit details of how the Customer has performed to a Credit Bureau, and how the account is conducted by the Customer in meeting their obligations on the account.
4.18. You agree by creating an account with Kany & Kany Driver to not issue or threaten to issue a charge-back dispute against our company or request a refund informally via your bank or card company. In the event you are upset with a charge you agree to communicate with Kany & Kany Driver Customer Services to deal with any concerns you have in the first instance. Additionally:
4.18.1. If Kany & Kany Driver issues a refund under duress of a chargeback dispute Kany & Kany Driver does not waive your responsibility to the amounts owed and Kany & Kany Driver is not agreeing to any conditions, stipulations, or admitting fault by issuing such a refund. All amounts remain to be owed and payment on such transactions should be made immediately by bank transfer.
4.18.2. In the event of a charge-back case or dispute being received by your bank or payment processor, you agree to make payment for the owed amounts via Bank Transfer for the amount disputed plus a fee of $300 USD per transaction to cover our expenses and costs.
4.19. In the event you hold an active account balance at Kany & Kany Driver and do not process any charges for a period greater than 30 days, an account maintenance charge $10 USD will be deducted every 30 days until your balance reaches zero.
5.1. You and your account is entitled to confidentiality by Kany & Kany Driver of your respective information held on your account.
5.2. Your Information includes information developed or learned by Kany & Kany Driver during our performance of our services.
5.3. Your information also includes third-party information which is in Client's possession under an obligation of confidential treatment.
5.4. Kany & Kany Driver agrees that at all times during or subsequent to the performance of the Service, Kany & Kany Driver will keep confidential and not divulge, communicate, or use Client Information, except for Kany & Kany Driver's own use during the Term of this Agreement to the extent necessary to perform its services.
5.5. Kany & Kany Driver's obligations with respect to any portion of the Client Confidential Information as set forth above shall not apply when Kany & Kany Driver can document that:
5.5.1. it was in the public domain at the time it was communicated to Kany & Kany Driver by you;
5.5.2. it entered the public domain subsequent to the time it was communicated to Kany & Kany Driver by yourself through no fault of Kany & Kany Driver;
5.5.3. it was in Kany & Kany Driver's possession free of any obligation of confidence at the time it was communicated to Kany & Kany Driver by you;
5.5.4. it was rightfully communicated to Kany & Kany Driver free of any obligation of confidence subsequent to the time it was communicated to Kany & Kany Driver by you; or
5.5.5. if the information is necessary for any legal proceeding, or there is an order from court or a certain ordinance, statue or law compels such information to be divulged.
5.6. You are required to keep your contact information with Kany & Kany Driver up to date at all times, including an email address which is not hosted with Kany & Kany Driver. Any problems that may occur due to not being provided up to date contact information is solely your responsibility and no liability is placed on Kany & Kany Driver.
6.1. You hereby grant Kany & Kany Driver the non-exclusive right to use your materials as necessary for Kany & Kany Driver to provide any service pursuant to the terms of this Agreement and you hereby waives its moral rights in Client Materials for such purposes.
6.2. You agree to allow Kany & Kany Driver to collect and use statistical and analytical information gathered from the use of your services. However, no personally identifiable information shall be processed or stored for this purpose.
6.3. You are not permitted to use the Kany & Kany Driver registered trademark unless authorized in writing by GICS Nigeria Limited.
7.1 NO WARRANTY
7.2. Kany & Kany Driver services are provided "as is" and your use of these services is at your sole risk. Kany & Kany Driver hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Kany & Kany Driver be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in any way out of the use of the Kany & Kany Driver services or software. Notwithstanding the above, Kany & Kany Driver expressly limits its damages to the Customer to those laid out in clause 2.6 of this agreement.
7.3. You agree that the service and software by Kany & Kany Driver has not been developed to meet your requirements and that it is your responsibility to ensure that the features and functionality of the Product meet your requirements.
7.4. Kany & Kany Driver regularly backs up client data on all servers but cannot guarantee the existence, completeness or timings of these backups.
7.5. All information held by Kany & Kany Driver is protected and complies with PCI Security Standards. In the event the Kany & Kany Driver software, servers, or services is accessed without authorization, you agree that Kany & Kany Driver will not be liable for any loss or damage per 7.2 of this agreement.
8.1. You agree that all services provided by Kany & Kany Driver free of any obligation and that Kany & Kany Driver is welcome to provide its Services and Licenses to third parties during the Term of this Agreement with no other conditions whatsoever.
9.1. This agreement and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the license of the Product and the provision of services.
9.2. Both parties acknowledge that, in entering into this agreement (and the documents referred to in it), neither party relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement or those documents.
9.3. Both parties agree that the only rights and remedies available to each party arising out of or in connection with a Representation shall be for breach of contract as provided in this agreement.
9.3.1. Nothing in this clause shall limit or exclude any liability for fraud.
9.4. This contract is between the parties contained in this agreement (yourself, and Kany & Kany Driver) and no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
10.1. By visiting or using Kany & Kany Driver you agree to these Terms and Conditions. You also agree that these terms shall be governed by and shall be construed in accordance with English law.
10.2. Both parties consent to exclusive jurisdiction and venue courts in Abuja, Nigeria. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs and other expenses.
10.3. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
10.4. Parties acknowledge and agree that in the event of a breach or threatened breach of this Agreement, the party who will suffer irreparable damage will be entitled to injunctive relief to enforce this Agreement.
10.5. Any term or provision of this Agreement may be amended by Kany & Kany Driver with the knowledge and consent of both parties in writing. The observance of any term of this Agreement may be waived only with knowledge and consent of both parties in writing. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
10.6. Any and all information provided to Kany & Kany Driver will only be used in accordance with the Kany & Kany Driver Privacy Policy found on our website. Kany & Kany Driver adheres to the Data Protection Act of Nigeria.
10.7. The sub headings used in these Terms and Conditions are for convenience only and they have no legal or contractual effect.
10.8. You acknowledge and agree that any competitions or promotions run by Kany & Kany Driver will be subject to additional Terms and Conditions; these will be made available at the time of such competitions or promotions.
Document Last Updated: 30th April, 2023