Last Updated: March 6, 2023
Terms and Conditions
OVERVIEW
These Terms of Use govern and guide the access and use of our products, services, features, website and application by you, the User (drivers, bike riders, ride recipients, order recipients, guest users, delivery persons, buyers, clients, customers, vendors, merchants) within Nigeria. This platform is operated by Kobo Square, the website and its content, mobile application, products and services are owned by Kobo Square, registered and established in the Federal Republic of Nigeria.
Throughout the site, the terms we, us and our refer to Kobo Square Limited. The user is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing a product or service from our site and application, you engage in our Service and agree to be bound by the following terms and conditions (Terms of Service, Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services
If you register for an account with our site you agree to:
keep your password private
Notify us in writing immediately if you become aware of any disclosure of your password; and
be responsible for any activity on our site arising out of any failure to keep your password confidential and you may be held liable for any losses arising out of such a failure.
Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorise any third party to manage your account on your behalf this shall be at your own risk.
We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions, we will refund you in respect of the same.
You may delete your account on our site by contacting us
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit/ debit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 OUR PRODUCTS AND SERVICES
Our products and services include a platform available for users in mobile applications and websites to arrange and order a ride, send and deliver packages, shop for products, groceries and services, buy internet services and pay subscriptions, sell products and services and give a ride to clients. All these products and services may be available or accessed in connection with third-party services. Certain products or services may be available exclusively online while some may be available physically. Some products or services may have limited quantities and are subject to return or exchange only according to the merchant or vendor set out policy. We have made every effort to make sure vendors and merchants provide accurate information, images and other things that are uploaded on this site as accurately as possible. We cannot guarantee that your phone, tab or computer monitor’s display of any colour or the information, in general, will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time.
SECTION 4 – MODIFICATIONS TO PRODUCTS AND SERVICES
Prices for our products and services are subject to change without notice. merchants and vendors also have the right to change and modify product and service descriptions and prices. We reserve the right at any time to modify or discontinue any of our Products or Services without notice at any time.
SECTION 5 PAYMENT OF PRODUCTS AND SERVICES
Making use of our products and services may result in charges for the products and services. Kobo Square will hold the fee for the service and product you purchase on our platform and credit the vendor or merchant when you receive the product or service. We use third-party as payment gateway and follow industry standards in protecting the card and other payment details of our users. Only the exact amount for the product or service fee will be deducted from the user’s account and no other amount will be added or deducted further.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Users agree to provide current, complete and accurate information when on our website and application, using our service, setting up accounts, making a purchase and reviewing product and service performance. You agree to promptly update your account and other information whenever needed, including your email address, address, credit/debit card numbers and expiration dates and other information so that we can complete your transactions and contact you as needed.
SECTION 7 THIRD PARTY PRODUCTS AND SERVICES
We partner with riders, drivers, vendors, merchants and other third parties to provide our service and product for you to enjoy. We may not be able to monitor or control some third-party tools. You acknowledge and agree that we provide access to such products, services and tools as is and as available without any warranties, representations or conditions of any kind and any endorsement. We have the responsibility of ensuring our third parties including riders, drivers, vendors, merchants and other third parties give customers and clients good professional service and products that meet their needs at all times. We also hold our third parties to provide products and services to customers and clients with integrity. Kobo Square act as an intermediary between third parties and clients and customers and ensure just treatment between the parties. However, Kobo Square shall have no liability whatsoever arising from or relating to the use of our third-party products and services. Customers, clients and buyers of products and services should ensure that they are familiar with and approve of third parties terms before buying products and services. Merchants, vendors, riders and drivers should also read and understand customers, clients and buyers’ needs and proposals before accepting an offer. All users of our site and application should not deceive others, communicate clearly, and understand want is to be delivered and what is expected of them.
SECTION 8 – PERSONAL INFORMATION
Your submission of personal information through the site and app is governed by our Privacy Policy. Read our Privacy Policy.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site, application or in the Product or Service (not including third-party product and service) that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website, application or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products and service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
IN NO CASE SHALL KOBO SQUARE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY
SECTION 12 – INDEMNIFICATION
You agree to not hold Kobo Square and defend us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable lawyers fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 13 – LOST PROPERTY
You understand and agree that it is your responsibility to ensure that you keep your property safe at all times while giving or taking a ride, using our ride service, or while receiving or giving other products and services. While third-party providers may hand over your lost or forgotten property, or give Kobo Square. You shall not hold Kobo Square liable in the event of a Third-Party Provider not handing over your property as expected, for loss and damage while using our product and service. However, Kobo Square will take reasonable steps to make enquires and find lost forgotten or stolen property.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria.
SECTION 18 UPDATES TO THIS TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and app. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law
SECTION 19 – THIRD-PARTY RIGHTS
A contract under these general terms and conditions is for Kobo Square’s benefit and our user’s benefit 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. You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under the Terms to another person if we agree to this in writing. The Terms can only be varied by written agreement between you and us. No variation of the Terms is effective unless in writing and signed by the parties or their authorised representatives.
SECTION 20 – BREACHES OF THESE GENERAL TERMS AND CONDITIONS
If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions we may:
temporarily suspend your access to our site and app;
permanently prohibit you from accessing our site and app;
block computers using your IP address from accessing our site and app;
contact any or all of your internet service providers and request that they block your access to our m site and app;
suspend or delete your account on our site and app; and/or
commence legal action against you whether for breach of contract or otherwise.
Where we suspend prohibit or block your access to our site and app or a part of our site and app you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
SECTION 21 – CONTACT INFORMATION
We are Kobo Square Ltd (Kobo Square, we, us). We are a company registered in Nigeria and our registered office is at ( ) If you have any questions or complaints about the Service or the Terms please contact us at:
please email at info@kobosquare.com you can also call our office number