Terms and Conditions

 

Part 1 – Booking Service Terms

 

1. GLOSSARY

⇒  Booking Services means the services set forth in paragraph 2 of Part 1 provided to you by WAeY.
⇒  Transportation Service Provider means a provider of transportation services, including any drivers licensed to carry out private hire bookings.
⇒  WAeY App means the software application and related services provided by WAeY Technologies to you pursuant to terms and conditions set forth in Part 2.
⇒  Website shall mean www.waey.net.

2. THE PROVISION OF BOOKING SERVICES BY WAeY

WAeY provides to you certain booking services (the "Booking Services"). The Booking Services include:

1. Accepting bookings requested by you (which can also include ‘scheduled ride’ functions in the WAeY app). WAeY has the right to decline or cancel any accepted booking;

2. Connecting you with suitable Transportation Providers;

3. Maintaining the record of all or some of your bookings in-line with our retention policies;

4. Electronic monitoring of trips made via the WAeY app;

5. Dealing with feedback, queries and complaints relating to bookings made via the WAeY app. We encourage you to provide feedback on your journey if the Transportation provider has not met your expectations;

6. Management of any lost property queries relating to bookings made via the WAeY app;

In each case in accordance with any relevant provisions of the Nigerian legislation.

3. YOUR TRANSPORTATION CONTRACT WITH A TRANSPORTATION PROVIDER

WAeY is not a Transportation Service Provider and does not provide transportation services. The Transportation service is provided to you under a contract (the "Transportation Contract") between you and the Transportation Service Provider that is made known to you in the booking confirmation provided by WAeY. The Transportation Service Provider may hold multi-jurisdiction licence to provide their services in other areas.

WAeY is not a party to the Transportation Contract and only acts as a disclosed agent for the Transportation Service Provider in communicating the Transportation Service Provider's agreement to enter into the Transportation Contract.

4. PAYMENT

The Booking Services provided by WAeY to you is free of charge. We reserve the right to charge a fee for the Booking Services. You have the right to continue or cancel your access to the Booking Service through the WAeY app.

The rates that apply for the transportation services provided by the Transportation Service Provider is displayed in the app at the time of making your booking.

5. LIMITATION OF LIABILITY

As permitted by any applicable law, WAeY will not be liable to you in any way for any theft or loss of your property in connection with the Booking Services:

a) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the WAeY App; b) any booking that was not accepted by us; c) any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions; d) any loss relating to your business or the business of your employer or any other person; e) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment or f) any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services.

6. APPLICABLE LAW

The Booking Services and Terms set out in Part 1 shall be governed in accordance with the laws of Nigeria.

Any dispute arising from the Booking Service is subject to the exclusive jurisdiction of the courts of Nigeria.

 

Part 2 – Terms of Use

These Terms of Use apply to your use of both the WAeY app and Website. These terms do not apply to the Booking Services described in Part 1 above.

1. Contractual Relationship

These Terms in Part 2 govern the access or use by you from any country in the world the WAeY app, website, content, products, and services (the “Services”) made available by WAeY, a private limited liability company established in Nigeria, registered by the CAC under number 1606633.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services means you agree to be bound by these Terms, which establishes a contractual agreement between you and WAeY. If you do not agree to these Terms, you may not access or use the Services.

WAeY may terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason. WAeY will endeavour to provide you with as much notice as it reasonably prior to any termination. We, however, reserve the rights to cease our relationship with you immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in WAeY’s opinion, any delay in such termination would expose WAeY or a third party to significant risk of harm or damage.

WAeY may amend the Terms related to the Services from time to time. Amendments will be effective upon us posting of such updated Terms on our public website. Your continued access or use of the Services after such posting constitutes your agreement to be bound by the amended terms.

Please see our Privacy policy on our we use the information we collect from you. WAeY’s Privacy Policy is located at http://www.waey.net/waey/privacy-policy.

2. The Services

The service is a technology platform that allows users of WAeY apps to pre-book and schedule transportation for the purpose of transporting people, logistics, delivery or any other services provided by us with independent third party providers of such services.

Unless otherwise agreed by WAeY in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE THAT WAeY DOES NOT PROVIDE TRANSPORTATION, LOGISTICS, DELIVERY OR VENDOR SERVICES OR FUNCTION AS A TRANSPORTATION SERVICE PROVIDER AND THAT INDEPENDENT THIRD PARTY PARTNERS WHO ARE NOT EMPLOYED BY WAeY OR ANY OF ITS AFFILIATES PROVIDE ALL SUCH TRANSPORTATION, LOGISTICS, DELIVERY AND VENDOR SERVICES.

License

WAeY grants you a limited, revocable, non-exclusive, non-sub-licensable, non-transferable licence to (i.) access and uses the WAeY app on your personal device solely for the purpose intended by us. (ii) access and use any content, information and related artefacts that may be available through the WAeY app solely for your personal use.

These are subject to your compliance with our Terms.

Restrictions

You must not: (i) remove any copyright, trademark or other proprietary notices from any portion of the WAeY app or Site; (ii) reproduce, modify, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the WAeY app except as expressly permitted by WAeY; (iii) decompile, reverse engineer or disassemble the WAeY app except if permitted by applicable law; (iv) link to, mirror or frame any portion of the WAeY app; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the WAeY app or unduly burdening or hindering the operation of the WAeY app; or (vi) attempt to gain unauthorized access to/or impair any aspect of the WAeY app or its related systems or networks.

Provision of the Services

You acknowledge that WAeY is not a Transport Service Provider. You also acknowledge that independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses, make the Services available to you.

Third-Party Services and Content

The Service is available or accessed in connection with third-party services and content (including advertising) that WAeY does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. WAeY shall not be responsible or liable for any products or services of such third party providers.

Ownership

The Services and all rights therein are and shall remain WAeY’s property or the property of WAeY’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner WAeY’s company names, logos, product and service names, trademarks or services marks or those of WAeY’s licensors.

3. Your Use of the Services

User Accounts

In order to use the WAeY app, you must register for an account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to WAeY certain personal information, such as your name, address and mobile phone number. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WAeY in writing, you may only possess one Account.

User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. We reserve the right to ask you to provide proof of identity to access or use the Services, and you agree that failure to comply will mean we deny access to the WAeY app.

Text Messaging

If you create an account, you agree that we may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from WAeY at any time. You acknowledge that opting out of receiving text (SMS) messages may affect your use of the Services.

Promotional Codes

WAeY may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that WAeY establishes on a per promotional code basis. Our Promo codes must be used for the intended purpose and are not redeemable for cash.

User-Provided Content

WAeY may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to WAeY through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to WAeY, you grant WAeY a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and WAeY’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant WAeY the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor WAeY’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WAeY in its sole discretion, whether such material may be protected by law. WAeY may, but shall not be obligated to, review, monitor, or remove User Content, at WAeY’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Fees may apply for the network data use and you shall be responsible for such rates and fees. You have the sole responsibility of obtaining and keeping up to date compatible mobile devices for the use of WAeY’s services. WAeY does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. Payment

You understand that use of the Services may incur charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained, WAeY will facilitate your non-cash payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges is considered the same as a payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by WAeY.

All Charges are due immediately and WAeY using the preferred payment method designated in your Account will facilitate payment. WAeY will send you a receipt by email.

WAeY reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained with the WAey app at any time in WAeY’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. WAeY will use reasonable efforts to inform you of Charges that may apply, you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to starting the trip in which case you may be charged a cancellation fee.

This payment structure is intended to compensate the Third Party Provider for the services or goods provided. WAeY does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the WAeY app, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the WAeY app, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Repair or Cleaning Fees

You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). We reserve the right to ask you to pay for any cleaning or damages based on our discretion if a partner provides us with evidence of damage purposely caused by you. WAeY reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by WAeY to the applicable Third Party Provider and are non-refundable.

Points refund policy

WAeY shall refund the User’s points via cash deposit to User’s bank account on the request of the User. If said request for refund is made within 24 hours of wallet credit, WAeY shall refund the full amount. If the request for refund is made 24-48 hours after wallet credit, WAeY shall refund the amount, less bank and administrative charges. This service is solely at WAeY’s discretion and WAeY reserves the right to refuse a request for withdrawal.

Points to cash conversion & withdrawal

Only points gained through referrals can be withdrawn via cash deposit to the referrer’s account. Referrers shall be restricted from withdrawing their referral points more than twice a month and not more than 50% of the total point value can be withdrawn at a time. This service is exclusively for known marketers and users who use the App solely for referral purposes. WAeY reserves the right to discontinue this system without notice to the referrers.

5. Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WAeY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WAeY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED USING THE WAeY APP, OR THAT THE WAeY APP WILL BE UNINTERRUPTED OR ERROR-FREE. WAeY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

WAeY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WAeY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAeY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WAeY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WAeY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND WAeY’S REASONABLE CONTROL.

WAeY’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT WAeY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

Indemnity

You agree to indemnify and hold WAeY and its officers, directors, employees and agents harmless from all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the WAeY app or goods obtained through your use of the WAeY app; (ii) your breach or violation of any of these Terms; (iii) WAeY’s use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.

 

Under no circumstances will WAeY be liable for special, incidental, consequential, indirect or punitive damages, including but not limited to loss of goods, profits or income.

WAeY’s affiliate and rider, either personally or through the logistics company the rider is employed under shall be liable, subject to the limitations contained herein, for loss or damage to goods only if such loss or damage is caused by the direct negligence or willful misconduct of the said affiliates.

No Liability for Loss or Damage to Goods

1. WAeY, her partners, affiliates, agents, etc. would not provide nor are they obligated to check the wrapping and or packing conditions of the parcel to be sent by the Customer via the WAeY Hailing App. Parcels are picked up and delivered “as-is”. It is the Customer’s responsibility to ensure that goods are packaged correctly prior to shipment by the WAeY rider.

2. All parcels to be sent by Customers via the WAeY Hailing App shall be packed in a manner able to prevent spills, breaks, cracks and/or damage in any form to the customer’s parcel or a third-party’s parcel in the box during the delivery of the item(s).

3. WAeY her partners, affiliates, agents, etc. shall not be liable for damage, loss due to improperly packed or perishable goods requiring cold storage which are not properly stored.

6. Governing Law; Arbitration

Except as otherwise set forth in this Agreement, the Terms contained in Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of Nigeria. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the Nigerian laws. The place of both mediation and arbitration shall be Lagos, Nigeria. The language of the mediation and/or arbitration shall be English unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language.

7. Other Provisions

Notice

WAeY may give notice by means of a general notification on the WAeY app, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to WAeY by electronic email to info@waey.net.

General

You may not assign or transfer these Terms in whole or in part without WAeY’s prior written approval. You give your approval to WAeY for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of WAeY’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, WAeY or any Third Party Provider because of the contract between you and WAeY or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter, replace, and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”