DEFINITION OF TERMS
unless the context otherwise requires, the following words and expressions shall have the following meanings:
The terms "we", "us", "our" or "The Company" refer to the "Cariska Technologies" and/or its subsidiaries.
”Passengers and Drivers”, jointly, are “Users”). "Platform" , "Carpool", "Cariska carpools” refer to Cariska App.
"The portal, App “applies to the Cariska App, its staff, administration, owners, agents, representatives, suppliers and partners.
"You",”Your”, “User"; "users"; applies to the “Drivers and passengers”, visitors, entering into this agreement.
We reserve the right to review, change, modify, add or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Portal with no other notice provided. We reserve the right to introduce subscription fee or any kind of fee for using the App, such fee will be effective when posted on the Portal with no other notice provided. Cariska App services include; bringing people who are going same way under one platform.
In this agreement Cariska Carpool refer to a mobile and web applications that connect employees, coworkers, friends, families, neighbors and even strangers going same way to carpool together to help reduce traffic, and minimize cost.
Cariska App /Web offer a ride matching service via the Cariska Platform to passengers and drivers. Your authority to use the Cariska Platform and the Services provided by Cariska App , whether online or via any of Cariska’s mobile applications,” individually, and/or collectively”, are conditioned on your agreeing to these Terms of Use in all respect. By using Cariska ride matching services (the “Services”), whether as a Passenger or Driver, you acknowledge and agree that these Terms of Use constitute a legally binding agreement made between you and Cariska Technologies with respect to Cariska App and you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time by Cariska on its web site (Cariska.com) or through the Service. By using Cariska App Services, regardless of the Application by which you access Cariska App Services, you acknowledge that Cariska App operated by Cariska Technologies is providing you with a revocable license, and is not selling, the Applications to you.
By using our services and App, you automatically signify agreement with and acceptance of our Terms of Use. You also agree to ensure that anyone who uses these services, app, and/or Software on your mobile handset/phone ("Device") also strictly abides by and adheres to the Terms of Use. Cariska Technologies has the right to revise, review, alter, change, modify, supplement and/or amend these Terms of Use at any time for any reason, in its sole discretion, without providing notice to users. Your continued use of these services and App shall automatically be deemed to be and constitute your agreement with and acceptance of those revisions. We reserve the right to make revisions to or discontinue any portion of the App, Software, and the Services at any time and for any reason, at our sole discretion. We may also impose limits on certain features or restrict your access to parts or the entire App without notice or liability. You should check Cariska App regularly to determine if any changes and or updates have been made to this Term of Use.
If you do not meet the requirements (as described below) or agree to (or cannot comply with) these Terms Of Use, as may be revised from time to time,
then Cariska/Cariska Technologies does not license the Cariska App Platform to you and you are not authorized to use the Cariska Platform, its Applications or the Services at any time in any manner.
Cariska App does not provide transportation services to any party including its users, and Cariska App is not a transportation carrier. It is up to individual users, both drivers and passengers, to offer and accept transportation services which may be scheduled through use of the applications or services. Cariska App offers information and a method to obtain transportation for and from third parties, but does not and does, not intend to, provide transportation services or act in any way as a transportation carrier. Cariska Technologies accepts no responsibility or liability for any transportation services provided by or to any user and expressly disclaims any liability with regard to any user’s claims against Cariska Technologies in connection with such user’s use of the Cariska platform, applications and/or services. By creating an account with Cariska and using Cariska’s App services, you agree that you are using these services at your own risk
The information that you submit to the Service through the App remains your property, but by using the App, Software and Content and by participating in the Service, you grant us the right to use such information for marketing purposes, including, but not limited to, sharing such information with third parties. Cariska Technologies may use such information to (i) directly market certain offers to you via e-mail marketing, telemarketing, direct mail, mobile telephone text messaging (including, without limitation, SMS and/or MMS) and other methods, (ii) to monitor compliance with our App and/or these Terms of Use, and (iii) for service improvement and feedback purposes.
By using our Service/App, you are indicating that you have read, understood, accepted and agreed to abide by these Terms of Use and all its conditions, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
• You will not use the App or Services to kidnap, transport illegal immigrant and human trafficking.
• You will not impair the proper operation of the Services as Cariska Technologies sees fit.
• You are relying on the services of Cariska App and acknowledge that you are solely liable for availing the services and understand and agree to make his/ her own informed decision.
• You will not try to impede or disable the Services or Application in any way.
• You will not copy, or distribute the Application or other content published by Cariska without Cariska’s written permission.
• You will only use the Application and Services for your own use and will not resell it to a third party.
• You will keep secure and confidential your account password or any identification we provide you which allows you access to the Services.
• You will provide us with whatever proof of identity we may reasonably request.
• You will only use an access point or data account (AP) which you are authorized to use.
• You are aware that when requesting services by SMS, standard-messaging charges will apply.
All referral credits given to users to refer their friends / colleagues will result in referral credits granted within the app. Those referral credits are not real money but are carpool credits. Users can use those credits to do carpool rides but cannot redeem that credit in exchange for money or equivalent. The referral credits earned by the user (by the referred user adding promo code) will be credited only at the time of referred user signup.
The referral credit will expire in 1 month from the date of credit grant and the user will not be able to use them after 1 month. The terms and duration of this will vary from time to time.
Cariska Technologies also holds the right to stop the referral program at any given point of time.
Cariska may decide to charge platform fees for every ride (paid with either online payment or with cash payment). Cariska Technologies has a right to change the payment fees without informing the user in advance. For cash payments, the payment fees shall be paid by car owner to Cariska at the end of every ride. In the event the car owner failure to pay platform fee, the driver not be able to use Cariska app until the driver pays. Cariska Technologies has the right to block usage of app for the car owner if the unpaid balance for a predefined threshold value, which is to be decided by Cariska Technologies and is subjected to change from time to time.
If you still face any problem, please write to us at support@cariska.com. Our support team will get back to you shortly.
Corporate does not make any warranties, guarantees, or representations of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose about ride or the travel application/portal.
Employees herewith acknowledge that Cariska portal is a third party portal and any use of the same is at the sole risk of such user without any warranties or legal liability of any kind on/from Corporate. Corporate is not liable for any theft, assault, loss, claims, refunds, damages or liability of any kind, including but not limited to direct, indirect, incidental, punitive or consequential damages suffered by the employee or any other person due to the use of Cariska application services. Any portrayal of Cariska services should not be construed as an endorsement or a recommendation by Corporate for the use of cariska products and services. Corporate assumes no responsibility for those services.
Employees further herewith acknowledges that this is not Corporate provided official transportation facility nor is this any recommended mode of commutation by Corporate. This facility is only for your personal use and shall not be considered as corporate transport. Corporate is bringing the awareness of this travel application only as a part of its Go Green initiatives and this travel is not part of the transportation provided by Corporate as per statutory/policy requirements.
Corporate is not recommending this commutation as an official mode of transport and it is in employee’s free will/voluntary that they select to travel using the application under their own risk and liability. Corporate employees are always recommended and advised/encouraged to use corporate provided transport for official travel including travel from and to office location. Corporate does not take any liability for personal damages suffered by the employees due to travel using the travel application since the same is availed out of the free will of the employee. Females or female employees are discouraged from travelling using this application between 06.00 PM to 07.00 AM and if used it is at their own personal risk and safety.
Employees shall not make any claims against Corporate for any loss, damage to personal property, injury suffered due to use of the application.
Corporate employees shall download, install and use the travel application only after reading all the terms and conditions provided within the application and also after understanding the risk and avail it at their own free will and safety.
16. THIRD PARTY REFERRALS AND COMMUNICATIONS
During your use of the Application and Services, you may interact and/or correspond with other Users. Cariska Technologies is not responsible for your interaction with any third party and any such activity is solely between you and the relevant third party. By creating an account and using the Services, you agree that Cariska Technology shall have no liability, obligation or responsibility for any such interaction with a third party, including other Cariska Users. Cariska Technologies does not necessarily endorse any opinion or communication you may receive or read from any third party.
Cariska may rely on third party advertising and marketing supplied through the Application or Services and other mechanisms in conjunction with the Application or Services. By creating an account and using the Services, you agree to the terms of this Agreement and agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing and you may cancel your account with Cariska at any time. Cariska Technologies reserves the right to modify its fee structure for use of the Services should you choose not to receive these advertising services. By creating an account and using the Services, you agree that Cariska Technologies may compile information about you and your use of the Services and use this information in connection with providing the Services and developing the Applications, and may share this information with others who assist Cariska Technologies in providing the Services to you. To the extent you provide any User Content or rely on User Content, and to the extent that you share a ride with any other Users, you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
17. INSURANCE, LIABILITY AND INDEMNIFICATION
Cariska Technologies maintains a variety of insurance policies intended to protect Cariska. Cariska is not obligated to provide insurance coverage for any of its Users.
You are responsible for your own safety and security while using Cariska Services. Cariska Technologies does not procure insurance for, nor is it responsible for, your personal safety or any personal belongings that you may bring into any vehicle operated or occupied by another Cariska User.
None of the statements in this section should be interpreted as binding or assuring that any users or third parties are covered by Cariska’s insurance or that they are third party beneficiaries of any such coverage.
By entering into this Agreement and using the Application or Services, you agree that you shall defend, indemnify and hold Cariska Technologies, its subsidiaries, affiliates, officers, directors, agents, shareholders, Users, employees, and attorneys 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 referenced herein; (b) your violation of any rights of any third party, including other
Users with whom you interact as a result of your use of the Services or Application, or (c) your use or misuse of the Application or Services.
DISCLAIMER OF WARRANTIES
Cariska Technologies makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services or application. Cariska Technologies does not represent or warrant that (a) the use of the services or application will be secure, timely, uninterrupted or error- free or operate in combination with any other hardware, application, system or data, (b) the services or application will meet your specific 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 services will meet your requirements or expectations, (e) errors or defects in the services or application will be corrected, or (f) the services or the server(s) that make the services available are free of viruses or other harmful components. The services and application are 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 Cariska Technologies. Cariska Technologies 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 services or application. You acknowledge and agree that the entire risk arising out of your use of the application and services, and any third party services or products, remains solely with you, to the maximum extent permitted by law.
INTERNET DELAYS
Cariska services and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Cariska Technologies is not responsible for any delays, delivery failures, or other damage resulting from such problems.
LIMITATION OF LIABILITY
On no event shall Cariska and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). Cariska Technologies and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the services or application, including but not limited to the use or inability to use the services or application, any reliance placed by you on the completeness, accuracy or
existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the services or application, even if Cariska Technologies and/or its affiliates, officers, employees, shareholders, attorneys, agents and licensees or licensors have been previously advised of the possibility of such damages.
Cariska Technologies may provide the services to you for the purposes of providing a match between users who seek transportation but is not providing the transportation services to you or any user directly. Cariska Technologies will not assess the suitability, legality or ability of any transportation providers (drivers) except as expressly set forth herein and you expressly waive and release Cariska Technologies from any and all any liability, claims or damages arising from or in any way related to the user who provides transportation services to you. You acknowledge that any party providing transportation services requested through the application or services may not be professionally licensed or permitted to offer transportation services as a commercially licensed driver. Cariska Technologies is not obligated to be a party to disputes or negotiations of disputes between you and any provider of transportation services or between you and any other user of Cariska App services. Cariska Technologies cannot and will not play any role in managing payments between you and another user, except as set forth herein. You agree to accept full responsibility for the decisions you make regarding the services offered via the application and all responsibility and liability (with all its implications) rests solely with you whether you are a driver or a passenger. You use the application and services at your own risk except as otherwise set forth herein, Cariska Technologies will not assess the suitability, legality or ability of other user of the services to interact with you in any way. You expressly waive and release Cariska from any and all liability, claims, causes of action, or damages arising from your use of the application or services, or in any way related to the third parties introduced to you by the application or services. The quality of the transportation services scheduled through the use of the services or application is entirely the responsibility of the users with whom you are matched by Cariska App. you are always free to opt not to accept Cariska’s App suggestion of a match with any other user. You understand, therefore, that by using the application and the services, you may be exposed to situations that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the application and the services at your own risk.
18. NOTICE
Cariska Technologies may give notice by means of a general notice on the Services; electronic mail to your email address on record in Cariska App account information, or by written communication sent by first class mail or pre-paid post to your address on record with Cariska App. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Cariska Technologies (such notice shall be deemed given when received by Cariska Technologies) at any time by any of the following: letter sent to Cariska Technologies at the following email – support@cariska.com
19. ASSIGNMENT
This Agreement may not be assigned by you without the prior written approval of Cariska Technologies but may be assigned without your consent by Cariska Technologies to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger whether voluntarily or by operation of law. Any purported assignment in violation of this section shall be void.
By entering into this Agreement and using Cariska Application or Services, you agree that you shall defend, indemnify and hold Cariska Technologies, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, 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 referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
20. GENERAL PROVISIONS
For any promotions, please check our site……………………………
No joint venture, partnership, employment, or agency relationship exists between you, Knox Technologies /Cariska or any third party provider as a result of this Agreement or use of the Services or Application.
21. Use of Services By minor
By visiting/Using, downloading or subscribing to Cariska App you are representing to be an adult of sound mind and you are capable to enter into agreement as per laws of the country. It is at sole discretion of parents or guardians whether or not to allow their minor children to visit/Use or subscribe to Cariska app; Cariska Technologies shall not be responsible for any claims, obligations arising due to use of services by an individual being in capacity of minor or otherwise incompetent.
22. Unauthorized Use Of Services
You represent, promise and warrant that:
You possess the legal right and ability to enter into this agreement of Terms of Use and to comply with its terms; You will use this app, Software, the Contents and Services for lawful purposes only and in accordance with the Terms Of Use, other applicable policies and/or agreements as per applicable laws. You will not attempt to decompile, reverse engineer or hack the app, or the Services or to defeat or overcome any encryption and/or digital rights management technology implemented by Cariska Technologies with respect to this app, Software, Content, the Services and/or data transmitted, processed or stored by Cariska Technologies, Software or the Services; you will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any manner compromise any security measures employed by Cariska Technologies or Cariska Technologies affiliates, network operators, Providers to protect the content and files distributed by Cariska Technologies, including, but not limited to altering, duplicating, transferring, deleting, eliminating, manipulating or tampering with such files.
23. Liability to Pay Damages
Cariska Technologies shall not be responsible to pay any damages to Users in respect of Using, downloading & subscribing to our services which results due to violation of terms of use of Cariska App, technical errors in internet, mobile devices or telecommunication facilities. Cariska Technologies shall not be responsible for the accuracy of the information provided by the users, including but not limited to pick up locations, destinations and timetables. We, (Cariska Technologies) shall not be responsible or held liable for any Act of the Driver/passenger (“Users”) including but not limited to Driver’s delays, delays caused by the use of the App and/or any other illegal Act by the users of Cariska App.
24. Arbitration
If any dispute arises as to interpretation of the terms and conditions of this agreement then Cariska Technologies shall try to resolve the genuine issues of Users, if not solved then dispute shall be referred to sole arbitrator appointed by Cariska Technologies on filing application by either party for Arbitration. The cost of arbitration shall be borne equally by Cariska Technologies and Users. The arbitral proceedings and all pleadings and written evidence shall be in the English language. The result of Arbitration shall be final and binding. The place of Arbitration shall be Lagos, Nigeria.