QUATRIX GLOBAL APP GENERAL TERMS & CONDITIONS
General Terms and Conditions of Use of the Quatrix Global App
1.1 Quatrix Global Limited (herein “the operator”) operates an e-commerce platform consisting of a website being www.quatrixglobal.com and mobile application namely Quatrix and Quarix Partner Lite (“herein “the app”), together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in East Africa (herein “the territory”).
1.2 The operator has developed and manages the app which is an e-commerce platform aimed at offering transport services for cargo within the territory. The app unifies corporates and individuals seeking transport services “shippers” with service providers and provides a platform through which goods can be transported to desired destinations within the territory, delivery tracked and payment for the services offered in a fast convenient and safe manner in accordance with these terms and conditions.
1.3 These general terms and conditions shall apply to corporates and individuals seeking transport services (herein” the users”) on the app and shall govern their use of the app and related services.
1.4 By using the app, users are deemed to have read, understood and accepted these general terms and conditions in full. If any person disagrees with these general terms and conditions or any part of these general terms and conditions, that person must not use this app.
1.5 Where any user uses the app in the course of a business or other organizational project, then by so doing such user:
1.5.1 confirms that they have obtained the necessary authority to agree to these general terms and conditions;
1.5.2 bind both themselves their assigns, agents and/or employees, to these general terms and conditions; and
2. REGISTRATION AND ACCOUNT
- This app is designed for, and use is restricted to Adults above the age of 18 years (by using this app or agreeing to these general terms and conditions, the user warrants and represents to the operator that they are at least 18 years of age).
- Any adult may register for an account with the app by completing and submitting the registration form on the app.
- The user represents and warrants that all information provided in the registration form is complete and accurate.
- At the point of registration, the user will be asked to provide an email address/user ID and password and thereafter agree to:
- keep his/her/its password confidential;
- notify the operator in writing immediately (using the contact details provided) he/she/it becomes aware of any disclosure of his/her/its password; and
- be responsible for any activity on the app arising out of any failure to keep his/her/its password confidential, and that the user will be liable for any losses arising out of such a failure.
- indemnify the operator for any loss, claims, or damages arising out of or in relation to any wrongful information given to the operator.
- The user’s account shall be used exclusively by the user and shall not be transferred to any third party. If the user authorizes any third party to manage the account on his/her/its behalf this shall be at the users own risk.
- The operator may suspend or cancel the user’s account, and/or edit the user’s account details, at any time in its sole discretion and without notice or explanation.
- The user may cancel his/her/its account on the app by contacting the operator.
- TERMS AND CONDITIONS OF SALE
- The parties acknowledge and agree that:
- the app provides an online location for users seeking cargo transport services to access and contract service providers to offer the services;
- the operator shall accept binding service requests on behalf of the service provider, but shall not be a party to the transaction between the parties; and
- a contract for the transport of cargo between the user and service provider shall come into force, and accordingly they commit to contracting, paying for and offering the services in accordance with the agreed terms upon confirmation of the transport order by the user via the app.
- CANCELATION AND REFUNDS
- The user may cancel a request/order for transport services at no cost and with no cancellation fee provided such request for cancellation is made before the assignment of the order to a courier/service provider.
- A cancellation fee shall be applicable where a cancellation request is made after the assignment of the order to a courier/service provider.
- Request for cancellation of an order must be submitted in writing via email sent to firstname.lastname@example.org and/or a call on the official customer service numbers provided on the website.
- Refunds in respect of successful cancellations shall be processed within seven (7) working days after such cancellation.
- The rules on refunds shall be exercised in the operators discretion, subject to applicable laws of the territory:
- In respect of the product price;
- Local and/or international shipping fees (as stated on the refunds page); and
- By way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
Users must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the app.
- RULES ABOUT USER CONTENT
- In these general terms and conditions, “user content” means:
- all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that the user submits to the operator or the app for storage or publication, processing by, or onward transmission; and
- all communications on the app, including product reviews, feedback and comments.
- User content, and the use of user content by the operator in accordance with these general terms and conditions, must be accurate, complete and truthful.
- User content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not:
- be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
- depict violence in an explicit, graphic or gratuitous manner; or
- be in breach of racial or religious hatred or discrimination legislation;
- be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
- cause annoyance, inconvenience or needless anxiety to any person; or
- constitute spam.
- User content must not be illegal or unlawful, infringe any person’s legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). User content must not infringe or breach:
- any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
- any right of confidence, right of privacy or right under data protection legislation;
- any contractual obligation owed to any person; or
- any court order.
- The user must not use the app to link to any website or web page consisting of or containing material that would, were it posted on the app, breach the provisions of these general terms and conditions.
- The user must not submit to the app any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- The user must not use the app to transport cargo that is the subject of any threatened or actual legal proceedings, illegal, or in any other way in violation of any laws of any of the countries within the territory.
- The review function on the app may be used to facilitate buyer reviews on products. The user shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
- The user must not interfere with a transaction by:
(i) contacting another user to transport cargo listed on the app outside of the app; or
(ii) communicating with a user involved in an active or completed transaction to warn them away from a particular service provider; or
(iii) contacting another user with the intent to collect any payments.
- The operator acknowledges that all users of the app are solely responsible for interactions with other users and service providers and that they shall exercise caution and good judgment in their communication with other users and service providers.
- The operator may periodically review users’ content and they reserve the right to remove any content in their discretion for any reason whatsoever.
- If the user learns of any unlawful material or activity on the app, or any material or activity that breaches these general terms and conditions, they should inform the operator immediately.
7. OPERATOR’S RIGHTS TO USE USER CONTENT
- The user grants to the operator a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute user content across the marketing channels and any existing or future media
- The user grants to the operator the right to sub-license the rights licensed under this app.
- The user grants to the operator the right to bring an action for infringement of the rights licensed to it.
- The user hereby waives all his/her/its moral rights in the content on the app to the maximum extent permitted by applicable law; and warrants and represents that all other moral rights in such content have been waived to the maximum extent permitted by applicable law.
- Without prejudice to other rights under these general terms and conditions, if the user breaches these rules on content in any way, or if the operator reasonably suspect that the user has breached the rules on content, the operator may delete, unpublish or edit any or all of the user’s content and take any further actions as it may deem fit.
8. USE OF WEBSITE AND MOBILE APPLICATIONS
- In this section the words “app” and “website” shall be used interchangeably to refer to the operator’s websites and mobile applications.
- the users may:
- view pages from the website in a web browser;
- download pages from the website for caching in a web browser;
- print pages from the website for their own personal and noncommercial use, providing that such printing is not systematic or excessive;
- stream audio and video files from the website using the media player on the website; and
- use the app services by means of a web browser, subject to the other provisions of these general terms and conditions.
- Except as expressly permitted by section 8.2 or the other provisions of these general terms and conditions, the user must not download any material from the website or save any such material to their computer.
- The user may only use the website for their own personal and business purposes in respect of soliciting customers, selling or purchasing products on the app.
- Except as expressly permitted by these general terms and conditions, the user must not edit or otherwise modify any material on the website.
- Unless the user owns or control the relevant rights in the material, he/she/it must not:
- republish material from the website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- exploit material from the website for a commercial purpose; or
- redistribute material from the website.
- Notwithstanding section 8.6, the user may forward links to products on the website and redistribute any newsletter and promotional materials in print and electronic form to any person.
- The operator reserves the right to suspend or restrict access to the website, to areas thereof and/or to functionality upon it. The operator may, for example, suspend access to the website during server maintenance or when updating the website. The user must not circumvent or bypass, or attempt to circumvent or bypass, any access restrictions measures on the website.
- The user must not:
- use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
- use the website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- hack or otherwise tamper with the website;
- probe, scan or test the vulnerability of the website without the operators written consent;
- circumvent any authentication or security systems or processes on or relating to the website;
- use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- impose an unreasonably large load on the website resources (including bandwidth, storage capacity and processing capacity);
- decrypt or decipher any communications sent by or to the website without the operators written consent;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without the operators express written consent;
- access or otherwise interact with the website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- violate the directives set out in the robots.txt file for the website
- use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
- do anything that interferes with the normal use of the website.
9. COPYRIGHT AND TRADEMARKS
- Subject to the express provisions of these general terms and conditions:
- The operators, own and control all the copyright and other intellectual property rights in the website and the material on the website; and
- all the copyright and other intellectual property rights in the website and the material on the website are reserved.
- Logos and other registered and unregistered trademarks all belonging to the operators; the operator gives no permission for the use of these trademarks, and such use may constitute an infringement of the operators rights.
- The third party registered and unregistered trademarks or service marks on the website are the property of their respective owners and the operator does not endorse and is not affiliated with any of the holders of any such rights and as such it cannot grant any license to exercise such rights.
10. DATA PRIVACY
- Buyers agree to processing of their personal data in accordance with the terms of the operator’s Privacy and Cookie Notice.
- Service providers shall be directly responsible to users for any misuse of their personal data and the operator shall bear no liability to user in respect of any misuse by service provider of their personal data.
- DUE DILIGENCE AND AUDIT RIGHTS
- The operator’s operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the app.
- The users agree to provide to the operators all such information, documentation and access to their business premises as the operator may require:
- in order to verify the user’s adherence to, and performance of, their obligations under this Agreement;
- for the purpose of disclosures pursuant to a valid order by a court or other governmental body; or
11.2.3. as otherwise required by law or applicable regulation.
12. THE OPERATOR’S ROLE AS AN APP
- The operator acknowledges that:
- they do not confirm the identity of all app users, check their credit worthiness or bona fides, or otherwise vet them;
- they do not check, audit or monitor all information contained in listings;
- they are not party to any contract for transport advertised on the app;
- they are not involved in any transaction between a service provider and user in any way, save that they facilitate na app for users and service providers and process payments on behalf of service providers;
- they are not the agents for any users or service providers, and accordingly they will not be liable to any person in relation to the offer of services; furthermore they are not responsible for the enforcement of any contractual obligations arising out of a contract between users and service providers and they will have no obligation to mediate between the parties to any such contract.
- The operator does not warrant or represent:
- the completeness or accuracy of the information published on the app;
12.2.2. that the material on the app is up to date;
12.2.3. that the app will operate without fault; or
12.2.4. that the app or any service on the app will remain available.
- The operator reserves the right to discontinue or alter any or all of the app services, and to stop publishing the app, at any time in its sole discretion without notice or explanation; and they will not be entitled to any compensation or other payment upon the discontinuance or alteration of any app services, or if it stops publishing the app.
- The operator does not guarantee any commercial results concerning the use of the app.
- To the maximum extent permitted by applicable law and subject to section 13.1 below, the operator excludes all representations and warranties relating to the subject matter of these general terms and conditions, the app and the use thereof.
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
- In respect of the services offered to the user, the operator will not be liable for any loss or damage of any nature whatsoever.
- In any case where the operator is found liable in any way, the operator’s aggregate liability to the user in respect of any contract to provide services under these general terms and conditions shall not exceed the total amount paid and payable under the contract. Each separate transaction on the app shall constitute a separate contract for the purpose of this section.
- Notwithstanding section 13.4 above, the operator will not be liable to the user for any loss or damage of any nature, including in respect of:
- any losses occasioned by any interruption or dysfunction to the website;
- any losses arising out of any event or events beyond the operators reasonable control;
- any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;
- any loss or corruption of any data, database or software; or
- any special, indirect or consequential loss or damage.
- The users hereby indemnify the operator, and undertake to keep them indemnified, against:
- any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by it to any third party in settlement of a claim or dispute) incurred or suffered by the operator and arising directly or indirectly out of any use of the app or any breach by the users of any provision of these general terms and conditions or the policies or guidelines; and
- any VAT liability or other tax liability that the operator may incur in relation to any request for or service offered and payment thereof made through the app, where that liability arises out of the user’s failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
15. BREACHES OF THESE GENERAL TERMS AND CONDITIONS
- If the operator permits the registration of an account on the app it will remain open indefinitely, subject to these general terms and conditions.
- If the user breaches these general terms and conditions, or if the operator reasonably suspect that the user has breached these general terms and conditions or any policies or guidelines in any way the operator may:
- temporarily suspend the user’s access to the app;
- permanently prohibit the user from accessing the app;
- block computers using the user’s IP address from accessing the app;
- contact any or all of the internet service providers and request that they block the user’s access to the app;
- suspend or delete the user’s account on the app; and/or
- commence legal action against the user whether for breach of contract or otherwise.
- Where the operator suspends, prohibits or blocks the user’s access to the app or a part of the app, the user must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. ENTIRE AGREEMENT
These general terms and conditions (and other relevant policies and guidelines) shall constitute the entire agreement between the users and the operator in relation to the users’ use of the app and shall supersede all previous agreements between the parties in relation to the use of the app.
- The operators may revise these general terms and conditions from time to time.
- The revised general terms and conditions shall apply from the date of publication on the app.
- If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect to the extent to which they do not violate any laws.
- If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- The user hereby agrees that the operator may assign, transfer, sub-contract or otherwise deal with the rights and/or obligations under these general terms and conditions.
- The user may not without the prior written consent of the operator assign, transfer, sub-contract or otherwise deal with any of the users’ rights and/or obligations under these general terms and conditions.
20. THIRD PARTY RIGHTS
- A contract under these general terms and conditions is for the benefit of the parties, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these general terms and conditions is not subject to the consent of any third party.
21. LAW AND JURISDICTION
- These general terms and conditions shall be governed by and construed in accordance with the laws of Kenya.
- Any disputes relating to these general terms and conditions shall be referred to Arbitration by a single arbitrator being an advocate of the high court of Kenya whose decision shall be final and binding before being referred to any other mode of adjudication.