BikeIt Terms And Conditions

Welcome to Bikeit!

These are the terms and conditions that we apply in order to perform our provided services at the highest level of our standards.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

Introduction

Bikeit provides a software based mobileapp and internet platform that connects customers to motor bike riders for secure, fast and efficient deliveries.

Bikeit provides a software based mobileapp and internet platform that connects customers to motor bike riders for secure, fast and efficient deliveries. In order to utilise the BIKEIT Application (the "BIKEIT application" or "Website"), access the information contained on the BIKEIT application or website (the "Website") or make use of the services provided through the BIKEIT APP (the "Service" or "Services"), you (hereinafter referred to as "You") must first read this agreement (the "Agreement") and accept it. 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://bikeit.co.ke/terms or through the Service.

The Company may 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 implied consent to such changes.

The Company does not provide logistics or courier services, and the Company is not a logistics carrier or a courier service provider. It is up to the service provider, third party courier, logistics provider, courier or bike 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 service 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 logistics service provider, and has no responsibility or liability for any logistics, 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.

Registration and Usage

You are the sole authorized User of any account (Account) you create using the Services. Your action of registration constitutes your acceptance of the Terms of Service and the Privacy Policy. Registration is free of charge and no entitlement exists for admission to the Service.

The data required for registration provided by the User must be complete and accurate. The User is responsible for updating his/her own data that can be amended at any time from the respective interface of the Service. Bikeit has no responsibility over the use of the User account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party might be using your Account and/or data provided has been stolen, disclosed or lost, you are obligated for your own security to notify Bikeit immediately by emailing us at customercare@bikeit.com. You further undertake not to disclose the details of your account or allow access thereto to third parties and shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under your username and/or password.

By providing your mobile phone number and other details to Bikeit pursuant to the use of the Service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services.

The user will be the sole owner of the content entered by the user on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms and Conditions, the User grants Bikeit, in relation to the content provided, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Bikeit including use of cookies, with or without any further communication to the User and without having to pay any amounts for such use.

If a User provides any false, inaccurate or incomplete information or if Bikeit considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Bikeit may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.

License Grant & Prohibitions

The Company hereby grants you a non‐exclusive, non‐transferable, right to use the Software solely for your own personal 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:

  1. 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;
  2. modify or make derivative works based upon the Service or the Software;
  3. create Internet "links" to the Service or "frame" or "mirror" any Software on any other server or wireless or Internet‐based device;
  4. reverse engineer or access the Software in order to;
    1. build a competitive product or service;
    2. build a product using similar ideas, features, functions or graphics of the Service or Software, or
    3. 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 purposes and shall not:
  1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
  2. 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;
  3. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
  5. attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Intellectual Property

The Company (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.

Order Placement/Contractual Relationship

By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and Bikeit. Bikeit may decide for any reason whatsoever to not accept an order and to refuse to perform it.

Amending and Cancelling Orders

The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.

If, for reasons beyond Bikeit’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the task successfully, Bikeit is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind.

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 Kenya. 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 harmful or explosive contents or unlawful material the courier service provider shall decline delivery of the package and immediately notify the Company.
  • You will not copy, or distribute the Software or other content without written permission from 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 only use the Software and Service for your own use and will not resell it to a third party.
  • You will provide us with whatever proof of identity that may be requested of you.
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
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. You are encouraged to check back at our website periodically if you are interested about how we charge for the Services or Software.

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 obligation, responsibility or liability 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 manner 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 solely 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 obligation, responsibility or liability arising from such agreements between you and the third party providers.

The Company may however 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://bikeit.co.ke. 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.

Indemnification

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 referred to 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.

Internet Delays

The company's service and software may be subject to limitations, delays, 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 therefrom.

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 GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Termination

At its sole discretion, Bikeit may modify, suspend or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party.

You may terminate Account at any time, however Bikeit do not guarantee its termination due to technical availability. In addition to suspending or terminating your access to Service or the Support, Bikeit reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.

No Agency

No independent contractor, agency, partnership, joint venture, employer- employee or franchiser-franchisee relationship is intended or created by this Agreement.

Waiver

No waiver of any rights or remedies by Bikeit shall be effective unless made in writing and signed by an authorized representative of Bikeit. A failure by Bikeir to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

Amendments

Bikeit reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. 

Dispute Resolution

The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Kenya utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the provisions of the Arbitration Act, 1995 and subsequent enactments thereto. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator.

Governing Law and Severability

This Agreement is governed by the Laws of Kenya and the Kenyan courts shall have exclusive jurisdiction over any dispute arising out of or relating to this Agreement. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.