Quiif Legal
Terms and Conditions
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access to our applications, websites, content, products, and services (the “Services”) by you, an individual, from within any country in the world.
These Terms of Use (“Terms”) also govern the use of our applications, websites, content, products, and services (the “Services”) by you, an individual, from within any country in the world.
These Services are made available by Quiif, a private limited liability company established in the United States Of America
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Quiif. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Quiif 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. For the avoidance of doubt, such termination of access to the Quiif Services is not intended to cater for a mid-trip termination, and this clause shall not be invoked to affect a mid-trip termination of access to the Quiif site of App.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Quiif may amend the Terms related to the Services from time to time. Amendments will be effective upon Quiif’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Quiif’s Privacy Policy located at https://www.Quiif.com/privacy-policy/. Quiif may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of Quiif ’s website and mobile applications provided as part of the Services (each, an “Application”) to connect owners of transportation and/or logistics services individuals and businesses with these independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Quiif or certain of Quiif’s affiliates (“Third Party Providers”). Unless otherwise agreed by Quiif in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT Quiif DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY Quiif OR ANY OF ITS AFFILIATES.
License
Subject to your compliance with these Terms, Quiif grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (1) access and use the Applications on your personal device solely in connection with your use of the Services; and (2) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Quiif and Quiif’s licensors.
3. Your Use of the Services
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“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 Quiif certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Quiif’s termination of these Terms with you. 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 Quiif 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, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. 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 (e.g., no transport of unlawful or hazardous materials). 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. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Text Messaging
By creating an Account, you agree that the Services 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 Quiif at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
User Provided Content
Quiif may, in Quiif’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Quiif 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 Quiif, you grant Quiif a worldwide, perpetual, irrevocable, transferrable, 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 Quiif Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Quiif’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: (1) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Quiif the license to the User Content as set forth above; and (2) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Quiif’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 to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Quiif in its sole discretion, whether or not such material may be protected by law. Quiif may, but shall not be obligated to, review, monitor, or remove User Content, at Quiif’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. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Quiif 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 result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, Quiif will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Quiif. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Quiif will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Quiif using the preferred payment method designated in your Account, after which Quiif will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Quiif may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
Quiif reserves the right to introduce a fee for new or amended features or revise Charges for existing services on Quiif’s mobile applications and/or websites, in which case you will be informed in writing of the fee and associated terms. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Quiif will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Quiif may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Quiif does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Quiif (on Quiif’s website, in the Application, or in Quiif’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Quiif provides any additional amounts, beyond those described above, 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 Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, 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”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Quiif in Quiif’s reasonable discretion, Quiif 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 Quiif to the applicable Third Party Provider and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity
LIMITATION OF LIABILITY. Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.
Quiif, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the Services and/or Applications: (1) loss of profits; (2) loss of sales or business; (3) loss of agreements or contracts; (4) loss of anticipated savings; (5) loss of use or corruption of software, data or information; (6) loss of or damage to goodwill and (v7) indirect or consequential loss.
Quiif, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for: (1) damages or losses arising from any transaction or relationship between you and a Third Party Provider; (2) the availability and accuracy of the content, products or services of the Third Party Provider; or (3) delay or failure in performance resulting from causes beyond our reasonable control.
Our total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the Services, in contract, tort (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed five hundred and eighty USA dollars ($580), unless otherwise agreed in relation to a specific Quiif Product.
Quiif, and its affiliate entities, are not liable for business losses. Applications and Services are provided only for private use. If you use Applications and Services for any commercial or business purpose Quiif will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
Your Liability and Indemnity
You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services and Quiif Products or your violation of any laws or third party rights. You are liable for all activities conducted through your account unless such activities are not authorised by you and you are not otherwise negligent.
In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third party claims directly or indirectly related to your use of the Third Party Services and the Quiif Provided Services generally.
DISCLAIMER. We provide the Services “as is” and “as available.” The Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. Quiif may suspend or withdraw or restrict the availability of all or any part of the Services for business and operational reasons. Quiif will try to give you reasonable notice of any suspension or withdrawal.
6. Lost Property
You understand and agree that it is your responsibility to ensure that you remove your property from the vehicle of a Third Party Provider when disembarking. Should you leave your property in the vehicle of a Third Party Provider, the Third Party Provider may hand over your property to you, Quiif or to the Quiif local service entity.
Whilst you may expect Third Party Providers to hand over your property to you, the offices of Quiif or the Quiif local service entity, Quiif or the Quiif local service entity shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Quiif or the Quiif local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
Whilst Quiif or the Quiif local service entity will take reasonable steps to establish the owner of property left in a Third Party Provider’s vehicle if returned to the offices of Quiif or the Quiif local service entity, when your property is in Quiif’s or the Quiif local service entity’s possession, you understand and agree that: (1) Quiif or the Quiif local service entity will only keep your property in its possession for a maximum period of three months from the date on which the Third Party Provider handed your property to Quiif or the Quiif local service entity; and (2) should you fail to collect your property from Quiif or the Quiif local service entity before the expiry of the three month period stipulated, Quiif or the Quiif local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Quiif or the Quiif local service entity in respect of your unclaimed property.
7. Governing Law; Arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Uganda. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. 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 International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Uganda. 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. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.