Gokada is a service for ordering safe and efficient transportation;
it communicates transportation service requests to the transportation service providers who have registered as users of the Gokada system.
Gokada Rides Limited, a Private Limited Liability Company,
registered under the Laws of the Federal republic of Nigeria,
with Company registration number 1448462 is the holder of all rights to Gokada App.
Gokada Rides Limited is also the service provider for the Gokada app and the operation of the app in Nigeria is carried out through Gokada Rides Limited.
This Terms and Conditions is dated 14th June 2018
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE
This Terms and Conditions serves as our end- user license Agreement (EULA) and is a legal agreement between you ( End-User or you)
and Gokada of No 20 Oduduwa Crescent Ikeja GRA, Lagos, Nigeria( Licensor, us or we) for: Gokada Mobile Application software, the data supplied with the Software, and the associated media(App); and
Online or electronic documents (Documents).
We license use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose site the End-user downloaded the App (Appstore Rules). We do not sell the App or Documents to you. We remain the owners of the App and Documents at all times.
OPERATING SYSTEM REQUIREMENTS
THIS APP REQUIRES PHONES AND TABALETS RUNING ON ANDRIOD 5.0 AND ABOVE, INTERNET ACCESS AND OPERATING SYSTEM 8.0. AND OVER.
BY DOWNLOADING THE APP FROM THIS WEBSITE OR CLICKING ON THE "ACCEPT"
BUTTON BELOW YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST STOP THE DOWNLOADING OR STREAMING PROCESS NOW BY CLICKING ON THE "CANCEL" BUTTON BELOW. IN THIS CASE THE DOWNLOADING OR STREAMING PROCESS WILL TERMINATE.
You should print a copy of this EULA for future reference.
Using the Gokada app
The use of the Gokada app requires the installation of the software and registration of a user account. During the installation of the Gokada app, the mobile number of the Gokada service user is linked to the respective user account and added to the database.
When using the Gokada app, the user pays in cash or card for the transportation service to the driver
Any complaints should be sent to our support team via email firstname.lastname@example.org or by calling our support line +2349023547163 (available on weekdays 09.00-17.00 W.A.T)
The terms of this EULA apply to the Gokada App (“App”) or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
We may change these terms at any time by sending you a notification with details of the change or notifying you of a change when you next start the App or log onto one of the websites referred to in condition
The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
From time to time updates to the App may be issued through the App Store depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your /their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Ordering or cancelling a transportation service
If the Gokada app user orders a vehicle and the driver has confirmed the receipt of service then the transportation is considered pre-ordered.
Cancelling the use of ordered transportation is considered to be the situation where the driver has been notified about the receipt of an order and the Gokada app user waives the use of the transportation service after a notice has been received.
Cancelling the use of an ordered transportation is also considered to be the situation where the user of the Gokada app or people whom the transportation was ordered for do not appear in the vehicle within 10 minutes as of the time when the driver notified them about the arrival of the vehicle in its destination.
Use of the Gokada app
Gokada is a mobile app that enables persons requiring a transportation service to find a suitable provider closest to them.
In case of any faults in the software, we shall endeavour to correct them as soon as possible, but please keep in mind that the functionality of the app may be restricted due to occasional technical errors and we are not able to guarantee the unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred as a consequence of the Gokada app not functioning or not being usable in the desired manner. In the event that the customer's right to use the app is canceled, the corresponding non-exclusive licence shall also be repealed.
As the Gokada app is primarily a link between customers and transportation service providers, Gokada cannot influence or take any responsibility for the quality or defects of the service. Driver-partners are not employees and for this reason, we are unable to guarantee consistently accurate and faultless provision of transportation services located via Gokada. For resolving complaints please contact our support team (referred to in clause 1.3).
The Gokada app does not constitute an offer or brokerage of transportation for customers. The Gokada app is not a means for organizing the provision of transportation services. It is also not an agency service for finding customers for transportation providers.
The consumer's right of refund (withdrawal) is not applied to Gokada app orders.
A rider must be 18 and above to register and ride.
The Gokada app is set up to help people move from point A to B and is not a means for the delivery of parcels. Moving parcels is not under the purview of this platform and Gokada shall not be held liable for missing or undelivered parcels.
Lost and recovered items that have been taken to the Gokada office have a 14-day time span to be retrieved after which Gokada will not be held liable for them
By registering an account with Gokada, a customer shall accept the following conditions
Gokada shall be entitled to transfer the database of personal data to third parties without prior notification of the app users. In case of a transfer of the business or the database, the rights and conditions arising from this licence agreement shall be transferred as well.
Gokada shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
Gokada has the right to send marketing messages and authentication codes through SMS messages.
Gokada only encourages the use of 2 modes of payments i.e. Cash and Card. Every other mode of payment is at the discretion of the driver.
Good practice of using the Gokada app
As Gokada is not a provider or broker of the transportation service;, we are unable to influence the quality of the transportation service. Any issues with defects or quality of the transportation service shall be resolved in accordance with the rules and regulations of the transportation service provider or the relevant supervisory authority.
Gokada is committed to contributing to improvement of the quality of transportation services. For this reason, we continuously collate ratings and ask to fill out a feedback form in the Gokada app. This enables us to offer suggestions to the transportation service providers for improving the quality of their service.
We expect that the users of the Gokada app use the app in good faith and are respectful of the drivers who offer their services through Gokada.
Gokada shall make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the Gokada app. However, we are in no position to guarantee that every provider of transportation services, located via the Gokada app, satisfies the aforementioned criteria at all times. If you experience objectionable transportation service, please notify the company responsible for the service, a supervisory authority or our support team (referred to in clause 1.3).
In the event that we receive a complaint, which has an element of the commission of a crime by a transport service provider, we shall promptly make a formal complaint to the Nigeria Police Force against the transport service provider and shall cooperate with the Nigeria Police Force in ensuring that the allegations contained in our complaint are diligently investigated.
In the event that a user makes an allegation against a Driver-partner especially in events where details of partners are shared online, Driver-partners reserve the right to seek legal redress and may pursue legal recourse against damages to their character.
Acceptable Use Restrictions
not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including the submission of any material (to the extent that such use is not licensed by this EULA);
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Intellectual property rights
You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
You acknowledge that you have no right to have access to the App in source-code form.
Other important terms
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by the laws of the Federal Republic of Nigeria. You and we both agree that the Nigerian courts will have non-exclusive jurisdiction.
This agreement has been entered into on the date stated at the beginning of it.