Terms & Condition

Subject

Kutty A10 (hereinafter referred to as the Company) has developed a car-sharing  platform accessible on a website at the address www.parizzo.com and/or in the form of mobile applications mobile apps –Parizzo and Parizzo Provider – , designed to put drivers travelling to a given destination in contact with riders going in the same direction, in order to enable them to share the Trip and  the associated costs (hereinafter referred to as the “Service”).

These terms and conditions have the purpose of governing access to and the terms of use of the service. Please read them carefully.

You understand and recognise that Kutty A10 is not party to any agreement, contract or contractual relations, of any nature, entered into between the Ride Providers (Drivers) and Rider (Passenger) and between them inter se on its service.

By signing up or clicking Log in, you are deemed to have read and agreed to all these general conditions of use.

In this document,

Advert” means an advertisement about a Trip posted on the Parizzo Platform by the provider (drivers);

Parizzo” and “Parizzo Provider” have the meaning given to it in Article 1 above;

Terms and Conditions” means these Terms and Conditions;

Account” means the account that must be created in order to become a Member and access certain services offered by the Parizzo and Parizzo Provider Platforms;

Driver” (also referred to as “Ride Provider”) means the Member using the Platform, to offer to transport another individual in exchange for the Cost Contribution, for a Trip and at a time defined by the Driver and other riders;

Booking Confirmation” has the meaning given to it in Article 4.2.1 below;

Member Content” has the meaning given to it in Article 11.2 below

Service Fee” has the meaning given to it in Article 5.2 below;

Member” means any individual having created an Account on the Platform;

Rider” (also referred to as “Passenger”) means the Member having accepted the offer to be transported by the Driver or, where applicable, the person on whose behalf a Member has booked a Seat;

Cost Contribution” means, for a given Trip, the sum of money specified by the Platform  and accepted by the Rider for his contribution to the travel costs;

Platform” has the meaning given to it in Article 1 above;

Booking” has the meaning given to it in Article 4.2.1. below;

Services” means all services delivered by Kutty A10 Limited  via the Platform;

Website” means the website accessible at the address www.parizzo.com;

Leg” has the meaning given to it in Article 4.1 below;

Trip” means the journey subject of an Advert published by the Company on the Platform, and for which the driver agrees to transport Riders in exchange for the Cost Contribution;

Trip with Booking” has the meaning given to it in Article 4.2.1 below.

Registration / Creating account on the Parizzo and Parizzo Provider Platform

3.1.    Conditions of registration on the Platform

The Platform may be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.

3.2.    Creation of an Account

The Platform enables Members to post and view Adverts and to interact with each other to book a Seat.You cannot post an Advert or book a Seat without having first created an Account and become a Member.

To create your Account, you should complete all mandatory fields on the registration form.

To register on the Platform, you must have read and accepted these Terms and Conditions  and the Privacy Policy.

When creating your Account, you agree to provide accurate and true information, and to update it through your profile or by notifying the Company, in order to guarantee its relevance and accuracy throughout your contractual relations with the Company.

Upon registration on the Platform, you agree to keep secret the password chosen when creating your Account and not to disclose it to anybody. If you lose or disclose your password, you undertake to inform the Company immediately. You alone are responsible for the use of your Account by third parties, unless you have expressly notified the Company of the loss, the fraudulent use by a third party, or the disclosure of your password to a third party.

You agree not to create or use, under your own identity or that of a third party, Accounts other than that initially created.

3.3.    Verification

The Company may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.

You agree that any reference on the Platform or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. The company cannot guarantee the correctness, or validity of the information subject to the verification procedure.

  1.  Use of the Services

4.1.    Posting Adverts

As Member, and provided you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Trip you intend to make (dates/times and pick-up points and destination, number of seats offered, options available, amount of the Cost Contribution, etc.).

When posting your Advert, you can indicate the milestone points in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these milestone point or between one of these milestone points and the pick-up point or destination of the Trip constitute “Legs”.

You are only authorised to post an Advert as a Driver if you fulfil all the following conditions:

  • (i)    you hold a valid driving licence;
  • (ii)    you only offer Adverts for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of car sharing;
  • (iii)    you are and remain the main driver of the vehicle subject of the Advert;
  • (iv)    the vehicle has valid vehicle registration and third party insurance;
  •  (v)    you have no contraindication or medical incapacity for driving;
  • (vi)    the vehicle you intend to use for the Trip has a maximum of 4 seats;
  • (vii)    you do not intend posting another advert for the same Trip on the Platform;
  • (viii)    you do not offer more Seats than the number available in your vehicle;
  • (ix)    all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
  • (x)    to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date Ministry Of Transport (MOT) certificate.

You agree that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to fulfil the Trip under the conditions described in your Advert.

Providing your Advert complies with the Terms and Conditions, it will be posted on the Platform and therefore visible to Members, conducting a search on the Platform. The company reserves the right, at its sole discretion and without notice, not to post or to remove, at any time, any Advert that does not comply with the Terms and Conditions  or that it considers as damaging to its image, that of the Platform, or that of the Services.

You agree that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of the Company.

4.2.    Booking a Seat

The methods of booking a Seat depend on the nature of the Trip envisaged.

4.2.1.    Trip with Booking

The Company has set up a system for booking Seats online (“Booking”) for  Trips offered on the Platform (“Trips with Booking”).

Eligibility of a Trip for the Booking system remains at the sole discretion of the Company, which reserves the right to modify these conditions at any time.

When a Passenger is interested in an Advert benefiting from Booking, he may make an online Booking request. This Booking request is either

  • accepted automatically, or
  • accepted manually by the Driver. At the time of the Booking, the Passenger makes online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by the Company and validation of the Booking request by the Driver, where applicable, the Passenger receives a Booking Confirmation (the “Booking Confirmation”).

If you are a Driver an and you have posted an Advert, you are required to respond to any Booking request that you find suitable along your route. Otherwise, the Booking request will expire automatically .

At the time of the Booking Confirmation, the Driver and Passenger’s telephone number will be available on the Platform for establishing contact between Driver and Passenger.  You are then solely responsible for executing the contract binding you to the other Member.

4.2.3.    Named nature of the Seat booking and terms of use of the Services on behalf of a third party

Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to the Company and the other Members participating in the Trip.

However, the Company allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver , the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone.

Furthermore, it is prohibited to publish an Advert for a Driver other than himself.

4.3.    Review system

4.3.1.    Operation

The Company encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about a Member with whom you have not travelled or with whom you were not supposed to travel.

Your review, and the review left by another Member about you, if any, are only visible and published on the Platform immediately after you have left a review.

You have the option of responding to a review that another Member has left on your profile in a 3 days delay following the date of the review received.

4.3.2.    Moderation

You agree the Company reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content in breach of these Terms and Conditions .

4.3.3.    Limit

The Company reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions  in the case where (i) you have received at least three unfavourable reviews and (ii) the average review you have received is less than or equal to 3.

  1.  Financial conditions

Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the Booking is charged under the conditions described below.

5.1.    Cost Contribution

The Cost Contribution is determined by the Platform. It is strictly prohibited to profit in any way from using our Platform beyond the amount specified by the Platform. Consequently, there is no additional Cost Contribution from Passengers except for the costs specified by the Platform for the Trip. Otherwise, you alone will bear the risks of re-characterization of the transaction completed via the Platform.

When you post an Advert, the Platform  will determine the amount for the Cost Contribution, which notably takes account of the nature of the Trip and the distance travelled. To avoid abuse, the Company limits the possibility of adjustment of the Cost Contribution.

5.2.    Service Fees

In the context of Trips with Booking, the Company, in exchange for use of the Platform, at the time of Booking, shall collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution. The Company shall publish the methods of calculation of the Service Fees.

The Service Fees are collected by the Company for each Seat subject of a Booking by a Passenger.

In the case of inter-state journeys, please note that the methods of calculation of the amount of the Service Fees and the applicable VAT may vary according to the pick up point and/or destination of the Trip.

 

5.4.    Methods of payment and repayment of the Cost Contribution to the Driver

5.4.1.    Collection mandate

In using the Platform as Driver for Trips with Booking, you confer on the Company a collection mandate for the Cost Contribution in your name and on your behalf.

Consequently, in the context of a Trip with Booking, and after manual or automatic acceptance of the Booking, the Company shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).

The Cost Contributions received by the Company are deposited in an account dedicated to payment of the Drivers.

You agree that none of the sums received by the Company in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of the Company, and more generally of any administrative or court authority competent particularly in the prevention or combating money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.

In the absence of response to these requests, the Company may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these Terms and Conditions .

5.4.2.    Payment of the Cost Contribution to the Driver

After the Trip, the Passengers shall have a period of 24 hours after the end of the Trip to submit a claim on the Trip to the Company. In the absence of claim of the Passengers within this period, the Company shall consider the Trip confirmed.

From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger.

When the Trip is confirmed completed by the Passenger, you have the option, as a Driver, of giving instructions to the Company to pay the money to your designated bank account.

The payment order in your name will be sent to your bank account registered on the Platform immediately you request for it. Note that payment request of sums less than N10,000.00 (Ten Thousand Naira) will attract a bank processing fee and Drivers will be payed less than the applicable fee. Payment request of sums N10,000 (Ten Thousand Naira) or higher will be paid in full with bank processing fee paid directly by Kutty A10 Limited. Drivers can accumulate amount received in their account and choose to request payment at any time they consider suitable.

  1.  Non-commercial and non-business purpose of the Services and the Platform

You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.

As Driver, you agree to accept only the Cost Contribution specified by the Platform, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip.

The Company reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to the Company, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.

The Company also reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, and the number of Passengers carried, entails a situation of profit for you, or for any reason suggesting to the Company that you are generating a profit on the Platform above the benchmark set by the company

  1.  Cancellation policy

7.1.    Terms of repayment in the case of cancellation

Only Trips with Booking are the subject of this cancellation policy; the Company does not offer any guarantee, of any nature, in the case of cancellation for any reason, by a Passenger or a Driver.

The cancellation of a Seat on a Trip with Booking by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:

7.1.1  In the case of cancellation or no-show for Booked Trips owing to the Driver:

  • If the Driver cancels a Trip or has not arrived at the meeting point 15 minutes after the agreed time, the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees);
  • If the Driver does not cancel and has not arrived at the meeting point 15 minutes after the agreed time, the Driver will be charged a fee of N00 (Two Hundred and Fifty Naira) per affected Passenger not picked. If this occur up to 3 times within a period of 90 days, the Company will suspend the Driver’s Account for a period of 30 days;
  • If the Driver cancels one hour or less before the planned departure time and money was refunded to the rider, the Driver will be charged a fee of N00 (One Hundred and Fifty Naira) per affected Passenger not picked. If this occur up to 3 times within a period of 90 days, the Company will suspend the Driver’s Account for a period of 30 days;
  • If the Driver cancels less than 3 hours but more than one hour before the planned departure time, the Driver will not be charged any fee. If this occur up to 5 times within a period of 90 days, the Company will suspend the Driver’s Account for a period of 30 days;
  • The Driver will not incur any additional charges if he cancels a Booked Trip 3 hours or more before the planned departure time.

7.1.2   In the case of cancellation or no-show owing to the Passenger:

  • If the Passenger cancels more than one hour before the planned departure time as mentioned in the Advert, the Passenger shall be refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees) at the time of Booking;
  • If the Passenger cancels one hour or less before the planned departure time as mentioned in the Advert or if Passenger has not arrived at the meeting place 10 minutes after the agreed time, the Passenger shall be charged (N250.00) Two Hundred and Fifty Naira or the applicable Cost Contribution and Service Fees (whichever is less), the affected Driver shall be assigned another Passenger, or paid the sum of One Hundred and Fifty Naira or Cost Contribution and Service Fees (whichever is less) if no other Passenger is available.
  1.  Behaviour of users of the Platform and Members

8.1.    Undertaking of all users of the Platform

You agree being solely responsible for complying with all obligations applicable to your use of the Platform.

Furthermore, when using the Platform and during Trips, you undertake:

  • (i)    not to use the Platform for commercial or religious purposes;
  • (ii)    not to send the Company (upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
  • (iii)    not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of the Company or a third party or contrary to good morals;
  • (iv)    not to in any way  infringe on the intellectual property rights and image of the Company;
  • (v)    not to open more than one Account on either the Parizzo or Parizzo Rider’s Platform and not to open an Account in the name of a third party;
  • (vi)   not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
  • (viii)    not to accept or make payment outside of the Platform;
  • (ix)    to comply with these Terms and Conditions  and the Privacy Policy.

8.2.    Undertakings of the Drivers

Furthermore, when you use the Platform as Driver, you undertake:

  • (i)    to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold a valid insurance policy at all times and to be in possession of a valid driving licence;
  • (ii)    to check that your insurance covers car sharing and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance policy during the whole Trip, even if inter-state;
  • (iii)    not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
  • (iv)    to post Adverts corresponding only to Trips actually planned;
  • (v)    to make the Trip as described in the Advert (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
  • (vi)    not to take more Passengers than the number of Seats indicated in the Advert;
  • (vii) to use a vehicle with functional air conditioner and maintain air-conditioned atmosphere within the vehicle through the duration of the trip;
  • (viii)    to use a vehicle in good working condition which complies with the applicable legal provisions and customs, notably with an up-to-date MOT certificate, functional seat belt for each Passenger, functional Jack, C-Caution indicator and fire-extinguisher;
  • (viii)    to communicate to the company or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, your MOT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
  • (ix)    in the case of holdup or change in the time, or the Trip, to inform your Passengers without delay;
  • (xi)    to wait for Passengers at the agreed meeting place for at least 10 minutes after the agreed time;
  • (xii)    not to post an Advert relating to a vehicle you do not own or that you are not authorised to use for the purposes of car sharing;
  • (xiii)    to ensure that at all times you can be contacted by your Passengers by phone on the number registered on your profile;
  • (xiv)    not to generate any profit via the Platform;
  • (xv)    not to have any contraindication or medical incapacity for driving;
  • (xvi)    to behave appropriately and responsibly during the Trip, and in compliance with the spirit of car sharing;
  • (xvii)    not to decline any Booking based on race, color, ethnicity, national origin, religion,  marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their, name, place of residence, health, political opinion, age.

8.3.    Undertakings of the Passengers

When you use the Platform as Passenger, you undertake:

  • (i)    to adopt appropriate behaviour during the Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
  • (ii)    to respect the Driver’s vehicle and its cleanliness;
  • (iii)    in the case of holdup, to inform the Driver without delay;
  •  (v)    to wait for the Driver at the meeting place for at least 10 minutes beyond the agreed time;
  • (vi)    to communicate to the Company, or any Driver who so asks, your identity card or any document evidencing your identity;
  • (vii)    not to carry during a Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver.
  •  (ix)    to ensure that at all times you can be contacted by your Passengers by phone on the number registered on your profile, including at the meeting point.

In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the stipulations of this article, and generally these Terms and Conditions . The Company reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions , in the case of breach by the third party on whose behalf you have booked a Seat under these Terms and Conditions .

  1.  Suspension of accounts, limitation of access and termination

You can Close your account with the company at any time, without cost and without reason.

In the event of

  • breach by you of these Terms and Conditions , including but limited to your obligations as Member mentioned in Articles 6, 7, and 8 above,
  • (ii) exceeding the limit set out in Article 4.3.3 above, or
  • (iii) if the Company has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, the Company reserves the right to:
  • (i)    terminate the Terms and Conditions  with you immediately and without notice; and/or
  • (ii)    prevent the posting of or remove any review, Advert, message, content, Booking request, or any content posted by you on the Platform; and/or
  • (iii)    limit your access and your use of the Platform; and/or
  • (iv)    temporarily or permanently suspend your Account.

When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to the Company. The Company will decide, at its sole discretion, whether or not to lift the measures put in place.

  1.  Personal data

In the context of your use of the Platform, the Company will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by the Company in compliance with the applicable law and the stipulations of the Privacy Policy.

  1.  Intellectual property

11.1.    Content published by the Company

Subject to the contents provided by its Members, the Company is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.

The Company grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.

You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of the Company. Notably, you are prohibited from:

  • (i)    reproducing, modifying, adapting, distributing, publicly representing and disseminating any information on the Platform, the Services and the content, with the exception of that expressly authorised by the Company;
  • (ii)    decompiling and reverse engineering of the Platform or Services, subject to the exceptions       stipulated by the laws in force;
  • (iii)    extracting or attempting to extract (using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.

11.2.    Content posted on the Platform

In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant the Company a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable the Company to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise the Company, for the whole world and throughout the duration of your contractual relations with the Company, to reproduce, represent, adapt and translate your Member Content as follows:

  • (i)    you authorise the Company to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
  • (ii)    you authorise the Company to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.
  1.  Role of KUTTY A10

The Platform constitutes an online networking platform on which the Members can create and post Adverts for Trips for the purposes of car sharing. These Adverts can be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform.

In using the Platform and in accepting these Terms and Conditions , you recognise that the Company is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.

The Company has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.

You agree that the Company does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of car sharing intermediary, the Company does not provide any transport service and does not act in the capacity of carrier; the role of the Company is only limited to facilitating access to the Platform.

The Members (Drivers or Passengers) act under their sole and full responsibility.

In its capacity as intermediary, the Company cannot be held liable for the occurrence of any the following:

  • (i)    erroneous information communicated by the Driver in his Advert, or by any other means, with regard to the Trip and its terms;
  • (ii)    cancellation or modification of a Trip by a Member;
  •  (iv)    the behaviour of its Members during, before or after the Trip.
  1.  Operation, availability and functionalities of the Platform

The Company shall try as far as possible to make the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network. However, the Company shall in its best capacity notify Members ahead of any of these situations whenever possible.

Furthermore, the Company reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

  1.  Modification of the Terms and Conditions

These Terms and Conditions  and the documents integrated by reference express the entire agreement between you and the Company relating to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.

The Company may modify these Terms and Conditions  in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these Terms and Conditions  will be published on the Platform with mention of the date of effect, and you will be notified by the Company before it takes effect.

  1.  Applicable law – Dispute

These Terms and Conditions  are written in English and subject to Nigeria law.

You can also, if necessary, present your complaints relating to our Platform or our Services to the Lagos State Mediation Centre in Lagos Nigeria.

  1.  Legal notices

The Platform is owned by Kutty A 10 Limited , a limited company with its registered office at A29 Alpha Bay Estate, off Alpha Beach Road, Lekki, Lagos State Nigeria represented by its Directors.

Version dated 1 February 2018

Use of the Services

4.1.    Posting Adverts

As Member, and provided you fulfil the conditions below, you can create and post Adverts on the Platform by entering information about the Trip you intend to make (dates/times and pick-up points and destination, number of seats offered, options available, amount of the Cost Contribution, etc.).

When posting your Advert, you can indicate the milestone points in which you agree to stop, to pick up or drop off Passengers. The sections of the Trip between these milestone point or between one of these milestone points and the pick-up point or destination of the Trip constitute “Legs”.

You are only authorised to post an Advert as a Driver if you fulfil all the following conditions:

  • (i)    you hold a valid driving licence;
  • (ii)    you only offer Adverts for vehicles you own or use with the express permission of the owner, and in all cases that you are authorised to use for the purposes of car sharing;
  • (iii)    you are and remain the main driver of the vehicle subject of the Advert;
  • (iv)    the vehicle has valid vehicle registration and third party insurance;
  •  (v)    you have no contraindication or medical incapacity for driving;
  • (vi)    the vehicle you intend to use for the Trip has a maximum of 4 seats;
  • (vii)    you do not intend posting another advert for the same Trip on the Platform;
  • (viii)    you do not offer more Seats than the number available in your vehicle;
  • (ix)    all Seats offered have a seatbelt, even if the vehicle is approved with seats having no seatbelt;
  • (x)    to use a vehicle in good working order and which complies with the applicable legal provisions and customs, notably with an up-to-date Ministry Of Transport (MOT) certificate.

You agree that you are solely responsible for the content of the Advert you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your Advert, and you undertake to fulfil the Trip under the conditions described in your Advert.

Providing your Advert complies with the Terms and Conditions, it will be posted on the Platform and therefore visible to Members, conducting a search on the Platform. The company reserves the right, at its sole discretion and without notice, not to post or to remove, at any time, any Advert that does not comply with the Terms and Conditions  or that it considers as damaging to its image, that of the Platform, or that of the Services.

You agree that the criteria taken into account in the classification and the order of display of your Advert among the other Adverts are at the sole discretion of the Company.

4.2.    Booking a Seat

The methods of booking a Seat depend on the nature of the Trip envisaged.

4.2.1.    Trip with Booking

The Company has set up a system for booking Seats online (“Booking”) for  Trips offered on the Platform (“Trips with Booking”).

Eligibility of a Trip for the Booking system remains at the sole discretion of the Company, which reserves the right to modify these conditions at any time.

When a Passenger is interested in an Advert benefiting from Booking, he may make an online Booking request. This Booking request is either

  • accepted automatically, or
  • accepted manually by the Driver. At the time of the Booking, the Passenger makes online payment of the Cost Contribution and the related Service Fees, where applicable. After receipt of the payment by the Company and validation of the Booking request by the Driver, where applicable, the Passenger receives a Booking Confirmation (the “Booking Confirmation”).

If you are a Driver an and you have posted an Advert, you are required to respond to any Booking request that you find suitable along your route. Otherwise, the Booking request will expire automatically .

At the time of the Booking Confirmation, the Driver and Passenger’s telephone number will be available on the Platform for establishing contact between Driver and Passenger.  You are then solely responsible for executing the contract binding you to the other Member.

4.2.3.    Named nature of the Seat booking and terms of use of the Services on behalf of a third party

Any use of the Services, in the capacity of Passenger or Driver, relates to a specific name. The Driver and the Passenger must correspond to the identity communicated to the Company and the other Members participating in the Trip.

However, the Company allows its Members to book one or more Seats on behalf of a third party. In this case, you undertake to accurately indicate to the Driver, at the time of the Booking or when sending the message to the Driver , the forenames, age and telephone number of the person on whose behalf you are reserving a Seat. It is strictly prohibited to book a Seat for a minor under the age of 13 travelling alone.

Furthermore, it is prohibited to publish an Advert for a Driver other than himself.

4.3.    Review system

4.3.1.    Operation

The Company encourages you to leave a review about a Driver (if you are a Passenger) or about a Passenger (if you are a Driver) with whom you have shared a Trip or with whom you were supposed to share a Trip. However, you are not permitted to leave a review about a Member with whom you have not travelled or with whom you were not supposed to travel.

Your review, and the review left by another Member about you, if any, are only visible and published on the Platform immediately after you have left a review.

You have the option of responding to a review that another Member has left on your profile in a 3 days delay following the date of the review received.

4.3.2.    Moderation

You agree the Company reserves the right not to publish or to delete any review, any question, any comment or any response if it deems its content in breach of these Terms and Conditions .

4.3.3.    Limit

The Company reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions  in the case where (i) you have received at least three unfavourable reviews and (ii) the average review you have received is less than or equal to 3.

Financial conditions

Access to and registration on the Platform, as well as searching, viewing and posting Adverts, are free of charge. However, the Booking is charged under the conditions described below.

5.1.    Cost Contribution

The Cost Contribution is determined by the Platform. It is strictly prohibited to profit in any way from using our Platform beyond the amount specified by the Platform. Consequently, there is no additional Cost Contribution from Passengers except for the costs specified by the Platform for the Trip. Otherwise, you alone will bear the risks of re-characterization of the transaction completed via the Platform.

When you post an Advert, the Platform  will determine the amount for the Cost Contribution, which notably takes account of the nature of the Trip and the distance travelled. To avoid abuse, the Company limits the possibility of adjustment of the Cost Contribution.

5.2.    Service Fees

In the context of Trips with Booking, the Company, in exchange for use of the Platform, at the time of Booking, shall collect service fees (hereinafter referred to as the “Service Fees”) calculated on the basis of the Cost Contribution. The Company shall publish the methods of calculation of the Service Fees.

The Service Fees are collected by the Company for each Seat subject of a Booking by a Passenger.

In the case of inter-state journeys, please note that the methods of calculation of the amount of the Service Fees and the applicable VAT may vary according to the pick up point and/or destination of the Trip.

 

5.4.    Methods of payment and repayment of the Cost Contribution to the Driver

5.4.1.    Collection mandate

In using the Platform as Driver for Trips with Booking, you confer on the Company a collection mandate for the Cost Contribution in your name and on your behalf.

Consequently, in the context of a Trip with Booking, and after manual or automatic acceptance of the Booking, the Company shall collect the whole of the sum paid by the Passenger (Service Fees and Cost Contribution).

The Cost Contributions received by the Company are deposited in an account dedicated to payment of the Drivers.

You agree that none of the sums received by the Company in the name and on behalf of the Driver gives entitlement to interest. You agree to respond diligently to any request of the Company, and more generally of any administrative or court authority competent particularly in the prevention or combating money laundering. Notably, you agree to provide, on simple request, any useful evidence of address and/or identity.

In the absence of response to these requests, the Company may take any measure it deems appropriate, notably freezing of the sums paid and/or suspension of your Account and/or termination of these Terms and Conditions .

5.4.2.    Payment of the Cost Contribution to the Driver

After the Trip, the Passengers shall have a period of 24 hours after the end of the Trip to submit a claim on the Trip to the Company. In the absence of claim of the Passengers within this period, the Company shall consider the Trip confirmed.

From the time of this express or tacit confirmation, you shall have, as Driver, a credit payable on your Account. This credit corresponds to the total amount paid by the Passenger at the time of confirmation of the Booking reduced by the Service Fees, i.e. the Cost Contribution paid by the Passenger.

When the Trip is confirmed completed by the Passenger, you have the option, as a Driver, of giving instructions to the Company to pay the money to your designated bank account.

The payment order in your name will be sent to your bank account registered on the Platform immediately you request for it. Note that payment request of sums less than N10,000.00 (Ten Thousand Naira) will attract a bank processing fee and Drivers will be payed less than the applicable fee. Payment request of sums N10,000 (Ten Thousand Naira) or higher will be paid in full with bank processing fee paid directly by Kutty A10 Limited. Drivers can accumulate amount received in their account and choose to request payment at any time they consider suitable.

Non-commercial and non-business purpose of the Services and the Platform

You agree to use the Services and the Platform only to be put into contact, on a non-business and non-commercial basis, with people wishing to share a Trip with you.

As Driver, you agree to accept only the Cost Contribution specified by the Platform, being specified that in the context of a cost sharing, you have to bear as a Driver your own part of the costs induced by the Trip.

The Company reserves the right to suspend your Account in the case where you use a chauffeur-driven or other business vehicle or taxi, or a company car, and due to this, generate a profit from the Platform. You agree to provide to the Company, on its simple request, a copy of your car registration certificate and/or any other document showing that you are authorised to use this vehicle on the Platform and are not drawing any profit therefrom.

The Company also reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions, in the case of activity by you on the Platform which, owing to the nature of the Trips offered, their frequency, and the number of Passengers carried, entails a situation of profit for you, or for any reason suggesting to the Company that you are generating a profit on the Platform above the benchmark set by the company

Cancellation policy

7.1.    Terms of repayment in the case of cancellation

Only Trips with Booking are the subject of this cancellation policy; the Company does not offer any guarantee, of any nature, in the case of cancellation for any reason, by a Passenger or a Driver.

The cancellation of a Seat on a Trip with Booking by the Driver or the Passenger after Booking Confirmation is subject to the stipulations hereunder:

7.1.1  In the case of cancellation or no-show for Booked Trips owing to the Driver:

  • If the Driver cancels a Trip or has not arrived at the meeting point 15 minutes after the agreed time, the Passenger is refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees);
  • If the Driver does not cancel and has not arrived at the meeting point 15 minutes after the agreed time, the Driver will be charged a fee of N250.00 (Two Hundred and Fifty Naira) per affected Passenger not picked. If this occur up to 3 times within a period of 90 days, the Company will suspend the Driver’s Account for a period of 30 days;
  • If the Driver cancels one hour or less before the planned departure time and money was refunded to the rider, the Driver will be charged a fee of N150.00 (One Hundred and Fifty Naira) per affected Passenger not picked. If this occur up to 3 times within a period of 90 days, the Company will suspend the Driver’s Account for a period of 30 days;
  • If the Driver cancels less than 3 hours but more than one hour before the planned departure time, the Driver will not be charged any fee. If this occur up to 5 times within a period of 90 days, the Company will suspend the Driver’s Account for a period of 30 days;
  • The Driver will not incur any additional charges if he cancels a Booked Trip 3 hours or more before the planned departure time.

7.1.2   In the case of cancellation or no-show owing to the Passenger:

  • If the Passenger cancels more than one hour before the planned departure time as mentioned in the Advert, the Passenger shall be refunded the whole of the sum paid (i.e. the Cost Contribution and the related Service Fees) at the time of Booking;
  • If the Passenger cancels one hour or less before the planned departure time as mentioned in the Advert or if Passenger has not arrived at the meeting place 10 minutes after the agreed time, the Passenger shall be charged N250.00 (Two Hundred and Fifty Naira) or the applicable Cost Contribution and Service Fees (whichever is less), the affected Driver shall be assigned another Passenger, or paid the sum of N150.00 (One Hundred and Fifty Naira) or Cost Contribution and Service Fees (whichever is less) if no other Passenger is available.

Behaviour of users of the Platform and Members

8.1.    Undertaking of all users of the Platform

You agree being solely responsible for complying with all obligations applicable to your use of the Platform.

Furthermore, when using the Platform and during Trips, you undertake:

  • (i)    not to use the Platform for commercial or religious purposes;
  • (ii)    not to send the Company (upon creation or updating of your Account) or the other Members any false, misleading, malicious or fraudulent information;
  • (iii)    not to speak or behave in any way or post any content on the Platform of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances, or more generally contrary to the purposes of the Platform, that may infringe the rights of the Company or a third party or contrary to good morals;
  • (iv)    not to in any way  infringe on the intellectual property rights and image of the Company;
  • (v)    not to open more than one Account on either the Parizzo or Parizzo Rider’s Platform and not to open an Account in the name of a third party;
  • (vi)   not to try to bypass the online booking system of the Platform, notably by trying to send another Member your contact details in order to make the booking outside of the Platform and avoid paying the Service Fees;
  • (viii)    not to accept or make payment outside of the Platform;
  • (ix)    to comply with these Terms and Conditions  and the Privacy Policy.

8.2.    Undertakings of the Drivers

Furthermore, when you use the Platform as Driver, you undertake:

  • (i)    to respect all laws, regulations and codes applicable to driving and the vehicle, notably to hold a valid insurance policy at all times and to be in possession of a valid driving licence;
  • (ii)    to check that your insurance covers car sharing and that your Passengers are considered as third parties in your vehicle and are therefore covered by your insurance policy during the whole Trip, even if inter-state;
  • (iii)    not to take any risk when driving, not to take any product that may impair your attention and your abilities to drive vigilantly and completely safely;
  • (iv)    to post Adverts corresponding only to Trips actually planned;
  • (v)    to make the Trip as described in the Advert (notably with regard to using or not using the motorway) and to respect the times and places agreed with the other Members (notably meeting place and drop-off point);
  • (vi)    not to take more Passengers than the number of Seats indicated in the Advert;
  • (vii) to use a vehicle with functional air conditioner and maintain air-conditioned atmosphere within the vehicle through the duration of the trip;
  • (viii)    to use a vehicle in good working condition which complies with the applicable legal provisions and customs, notably with an up-to-date MOT certificate, functional seat belt for each Passenger, functional Jack, C-Caution indicator and fire-extinguisher;
  • (viii)    to communicate to the company or any Passenger who so requests your driving licence, your car registration certificate, your insurance certificate, your MOT certificate and any document demonstrating your capacity to use the vehicle as Driver on the Platform;
  • (ix)    in the case of holdup or change in the time, or the Trip, to inform your Passengers without delay;
  • (xi)    to wait for Passengers at the agreed meeting place for at least 10 minutes after the agreed time;
  • (xii)    not to post an Advert relating to a vehicle you do not own or that you are not authorised to use for the purposes of car sharing;
  • (xiii)    to ensure that at all times you can be contacted by your Passengers by phone on the number registered on your profile;
  • (xiv)    not to generate any profit via the Platform;
  • (xv)    not to have any contraindication or medical incapacity for driving;
  • (xvi)    to behave appropriately and responsibly during the Trip, and in compliance with the spirit of car sharing;
  • (xvii)    not to decline any Booking based on race, color, ethnicity, national origin, religion,  marital status, disability, physical appearance, marital status, pregnancy, special vulnerability due to their, name, place of residence, health, political opinion, age.

8.3.    Undertakings of the Passengers

When you use the Platform as Passenger, you undertake:

  • (i)    to adopt appropriate behaviour during the Trip so as not to hinder the concentration or driving of the Driver or the peace and quiet of the other Passengers;
  • (ii)    to respect the Driver’s vehicle and its cleanliness;
  • (iii)    in the case of holdup, to inform the Driver without delay;
  •  (v)    to wait for the Driver at the meeting place for at least 10 minutes beyond the agreed time;
  • (vi)    to communicate to the Company, or any Driver who so asks, your identity card or any document evidencing your identity;
  • (vii)    not to carry during a Trip any item, goods, substance or animal that could hinder the driving and concentration of the Driver.
  •  (ix)    to ensure that at all times you can be contacted by your Passengers by phone on the number registered on your profile, including at the meeting point.

In the event where you have made a Booking for one or more Seats on behalf of third parties, in compliance with the stipulations of Article 4.2.3 above, you guarantee respect by this third party for the stipulations of this article, and generally these Terms and Conditions . The Company reserves the right to suspend your Account, limit your access to the Services, or terminate these Terms and Conditions , in the case of breach by the third party on whose behalf you have booked a Seat under these Terms and Conditions .

Suspension of accounts, limitation of access and termination

You can Close your account with the company at any time, without cost and without reason.

In the event of

  • breach by you of these Terms and Conditions , including but limited to your obligations as Member mentioned in Articles 6, 7, and 8 above,
  • (ii) exceeding the limit set out in Article 4.3.3 above, or
  • (iii) if the Company has genuine reason to believe that this is necessary to protect its security and its integrity, that of the Members or third parties, or for the purpose of prevention of fraud or investigations, the Company reserves the right to:
  • (i)    terminate the Terms and Conditions  with you immediately and without notice; and/or
  • (ii)    prevent the posting of or remove any review, Advert, message, content, Booking request, or any content posted by you on the Platform; and/or
  • (iii)    limit your access and your use of the Platform; and/or
  • (iv)    temporarily or permanently suspend your Account.

When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to the Company. The Company will decide, at its sole discretion, whether or not to lift the measures put in place.

Personal data

In the context of your use of the Platform, the Company will collect and process some of your personal data. In using the Platform and registering as Member, you recognise and accept the processing of your personal data by the Company in compliance with the applicable law and the stipulations of the Privacy Policy

Intellectual property

11.1.    Content published by the Company

Subject to the contents provided by its Members, the Company is the sole holder of all intellectual property rights relating to the Service, the Platform, its content (notably texts, images, designs, logos, videos, sounds, data, graphics) and to the software and databases ensuring their operation.

The Company grants you a non-exclusive, personal and non-transferable right to use the Platform and the Services, for your personal and private use, on a non-commercial basis and in compliance with the purposes of the Platform and the Services.

You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of the Company. Notably, you are prohibited from:

  • (i)    reproducing, modifying, adapting, distributing, publicly representing and disseminating any information on the Platform, the Services and the content, with the exception of that expressly authorised by the Company;
  • (ii)    decompiling and reverse engineering of the Platform or Services, subject to the exceptions       stipulated by the laws in force;
  • (iii)    extracting or attempting to extract (using data mining robots or any other similar data collection tool) a substantial part of the data of the Platform.

11.2.    Content posted on the Platform

In order to enable the provision of the Services, and in compliance with the purpose of the Platform, you grant the Company a non-exclusive licence to use the content and data you provide in the context of your use of the Services (hereinafter referred to as your “Member Content”). In order to enable the Company to distribute via the digital network and in accordance with any communication protocol (notably internet and mobile network), and to provide the content of the Platform to the public, you authorise the Company, for the whole world and throughout the duration of your contractual relations with the Company, to reproduce, represent, adapt and translate your Member Content as follows:

  • (i)    you authorise the Company to reproduce all or part of your Member Content on any digital recording media, known or as yet unknown, and notably on any server, hard disk, memory card, or any other equivalent media, in any format and by any process, known or as yet unknown, to the extent necessary to any operation of storage, backup, transmission or download linked to the operation of the Platform and the provision of the Service;
  • (ii)    you authorise the Company to adapt and translate your Member Content, and to reproduce these adaptations on any digital media, current or future, stipulated in point (i) above, with the aim of providing the Services, notably in different languages. This right notably includes the option to make modifications to the formatting of your Member Content, with respect for your moral right, for the purposes of respecting the graphics charter of the Platform and/or making it technically compatible with a view to its publication via the Platform.

Role of KUTTY A10

The Platform constitutes an online networking platform on which the Members can create and post Adverts for Trips for the purposes of car sharing. These Adverts can be viewed by the other Members to find out the terms of the Trip, and where applicable, to directly book a Seat in the vehicle in question with the Member having posted the Advert on the Platform.

In using the Platform and in accepting these Terms and Conditions , you recognise that the Company is not party to any agreement entered into between you and the other Members with a view to sharing the costs relating to a Trip.

The Company has no control over the behaviour of its Members and the users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Adverts, and it does not offer any Trips on the Platform.

You agree that the Company does not control the validity, truthfulness or legality of the Adverts, Seats and Trips offered. In its capacity of car sharing intermediary, the Company does not provide any transport service and does not act in the capacity of carrier; the role of the Company is only limited to facilitating access to the Platform.

The Members (Drivers or Passengers) act under their sole and full responsibility.

In its capacity as intermediary, the Company cannot be held liable for the occurrence of any the following:

  • (i)   Erroneous information communicated by the Driver in his Advert, or by any other means, with regard to the Trip and its terms;
  • (ii)   Cancellation or modification of a Trip by a Member;
  • (iv)   The behaviour of its Members during, before or after the Trip.
  1.  Operation, availability and functionalities of the Platform

The Company shall try as far as possible to make the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without notice, owing to technical maintenance, migration or update operations, or owing to outages or constraints linked to the operation of the network. However, the Company shall in its best capacity notify Members ahead of any of these situations whenever possible.

Furthermore, the Company reserves the right to modify or suspend all or part of access to the Platform or its functionalities, at its sole discretion, temporarily or permanently.

 Modification of the Terms and Conditions

These Terms and Conditions  and the documents integrated by reference express the entire agreement between you and the Company relating to your use of the Services. Any other document, notably any mention on the Platform (FAQ, etc.), is for guideline purposes only.

The Company may modify these Terms and Conditions  in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Any modification to these Terms and Conditions  will be published on the Platform with mention of the date of effect, and you will be notified by the Company before it takes effect.

Applicable law – Dispute

These Terms and Conditions  are written in English and subject to Nigeria law.

You can also, if necessary, present your complaints relating to our Platform or our Services to the Lagos State Mediation Centre in Lagos Nigeria.

  1.  Legal notices

The Platform is owned by Kutty A 10 Limited , a limited company with its registered office at A29 Alpha Bay Estate, off Alpha Beach Road, Lekki, Lagos State Nigeria represented by its Directors.