Terms & Condition

Welcome to Motokada!

These terms and conditions outline the rules and regulations for the use of Motokada's Website, located at www.motokada.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Motokada if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Motokada, you agreed to use cookies in agreement with the Motokada's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Motokada and/or its licensors own the intellectual property rights for all material on Motokada. All intellectual property rights are reserved. You may access this from Motokada for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Motokada
• Sell, rent or sub-license material from Motokada
• Reproduce, duplicate or copy material from Motokada
• Redistribute content from Motokada

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Motokada does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Motokada,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Motokada shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Motokada reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Motokada a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Motokada; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Motokada. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Motokada's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Terms and Conditions for Passengers

Motokada is a web-based app for ordering transportation in Nigeria; it communicates transportation service requests to the transportation service providers who have been registered as users of the Motokada system. By accessing this website we assume you accept these terms and conditions. Do not continue to use Motokada if you do not agree to take all of the terms and conditions stated on this page. Motokada is the holder of rights, service provider of the Motokada app and the operator of the app in Nigeria.

1. Using the Motokada app

• The use of the Motokada app requires installation of the software and registration of a user account. During the installation of the Motokada app, the mobile number of the Motokada service user is linked to the respective user account and added to the database.
• When using the Motokada app, the user can choose whether he/she wishes to pay in cash or via in-App payment for the transportation service to the driver. Once a payment option has been selected, the user cannot change this.
• Any complaints can be sent to our support team via email info@motokada.com through the Motokada website by clicking on the support button, or by calling our support line on +2349019931940 (available on weekdays 10.00-16.00 W.A.T).

2. Motokada in-App payment conditions

• In-App payments can be made by a user of the Motokada app who has included his/her card on the app.
• When making in-App payments, the receiver of the payment is Motokada Operations, who forwards the received payment to the transportation service provider.
• When making in-App payments, a service fee is added per each order of transportation service. The named service fee includes payment commission fees, incl. Visa / MasterCard service fees. The amount of the service fee is displayed in the mobile app. In the event that the in-App payment intermediary enacts a fee for the usage of the payment service, which has to be paid by the customers separately, then the named fees are not included in the Motokada credit card and in-App payment fee.
• When offering in-App payments, Motokada acts as the economic agent of transportation service providers by intermediating payments made in the Motokada app. The obligation of the customer in front of the transportation service provider shall be considered fulfilled as of the moment when the payment order is made for the payment of funds into the Motokada bank account. Motokada shall not be responsible for the exercise of the customer's payment order.

3. Ordering or cancelling a transportation service

• If the Motokada app user orders a vehicle and the driver has confirmed the receipt of service then the transportation is considered pre-ordered.
• Cancelling the use of an ordered transportation is considered to be the situation where the driver has been notified about the receipt of an order and the Motokada app user waives the use of the transportation service after a notice has been received.
• Cancelling the use of an ordered transportation is also considered to be the situation where the user of the Motokada app or people whom the transportation was ordered for do not appear in the vehicle within 8 minutes as of the time when the driver notified them about the arrival of the vehicle in its destination.
• In case of cancelling the transportation service the Motokada app user is required to pay 800 Naira as a penalty fee. In the event that the Motokada user notifies about the cancelling of transportation service within 5 minutes as of receiving of the notification concerning the receipt of the order through Motokada, the user does not have to pay the penalty fee.
• We have the right to revoke the right to use the app if the user has waived the use of transportation service on 3 successive instances in one 24 hour period. In that case the app notifies the user about the number of cancellations and after waiving the 3rd time, Motokada cancels the usage right. Motokada usage right can be cancelled for up to six months. After that the user can reactivate his/her user account by contacting the local team via email. Access to app can also be revoked on the basis of harassment, providing false information/allegations and engaging in any criminal activities.

4. Use of the Motokada app

• Motokada is a mobile app that enables persons requiring a transportation service to find a suitable provider closest to them.
• The use of the Motokada app is based on a non-exclusive licence issued by Motokada Operations. The licence agreement is valid for a non-limited period and is free of charge for the customer. In case of any faults in the software, we shall endeavour to correct them as soon as possible, but please keep in mind that the functionality of the app may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred as a consequence of the Motokada app not functioning or not being usable in the desired manner. In the event that the customer's right to use the app is cancelled, the corresponding non-exclusive licence shall also be repealed.
• As the Motokada app is primarily a link between customers and transportation service providers, Motokada cannot influence or take any responsibility for the quality or defects of the service. Driver-partners are not employees and for this reason, we are unable to guarantee consistently accurate and faultless provision of transportation services located via Motokada. For resolving complaints please contact our support team.
• The Motokada app does not constitute an offer or brokerage of transportation for customers. The Motokada app is not a means for organizing the provision of transportation services. It is also not an agency service for finding customers for transportation providers.
• The consumer's right of refund (withdrawal) is not applied to Motokada app orders.
• A rider must be 18 and above to register and ride. If a rider in under the age of 18, he or she must be accompanied by someone who is 18 years or older. Unaccompanied minors are not to be in rides and Motokada bears no liability for unaccompanied minors.
• The Motokada app is set up to help people move from point A to B and is not a means for the delivery of parcels. Moving parcels is not under the purview of this platform and Motokada shall not be held liable for missing or undelivered parcels. A rider must also be accountable for their items during a ride.
• Motokada would help to recover lost and forgotten items only in the event that these items are found by the driver-partner and taken to the Motokada office. Furthermore, these recovered items that have been taken to the Motokada office have a 14-day time span to be retrieved after which Motokada will not be held liable for them.

5. By registering an account with Motokada, a customer shall accept the following conditions

•  Motokada shall have the right to add the personal data of the app user to the Motokada database and to forward the personal data to transportation service providers in accordance with Motokada’s Privacy Policy (https://Motokada.com/privacy/).
•  Motokada shall have a right to make unilateral amendments to the Terms and Conditions and Privacy Policy and to relinquish the database to third parties. We may notify users of changes to Terms and Conditions and Privacy Policy.
•  Motokada shall be entitled to transfer the database of personal data to third parties without prior notification of the app users. In case of a transfer of the business or the database, the rights and conditions arising from this licence agreement shall be transferred as well.
•  Motokada shall be entitled to forward personal data and bank data to credit card and mobile payment intermediaries.
•  Motokada has the right to send marketing messages and authentication codes through SMS messages.
•  Motokada only encourages the use of 2 modes of payments i.e Cash payment and the in-App payment (Card) Motokada bears no liability on damages that may occur outside the outlined acceptable payment methods.

6. Good practice of using the Motokada app

•  As Motokada is not a provider or broker of the transportation service, we are unable to influence the quality of the transportation service. Any issues with defects or quality of the transportation service shall be resolved in accordance with the rules and regulations of the transportation service provider or the relevant supervisory authority.
•  Motokada is committed to contributing to improvement of the quality of transportation services. For this reason, we continuously collate ratings and ask to fill out a feedback form in the Motokada app. This enables us to offer suggestions to the transportation service providers for improving the quality of their service.
•  We expect that the users of the Motokada app use the app in good faith and are respectful of the drivers who offer their services through Motokada.
•  Motokada shall make every effort to ensure that only drivers, who have integrity and are respectful of their profession and customers, use the Motokada app. However, we are in no position to guarantee that every provider of transportation services, located via the Motokada app, satisfies the aforementioned criteria at all times. If you experience objectionable transportation service, please notify the company responsible for the service, a supervisory authority or our support team.
•  In the event that we receive a complaint, which has an element of the commission of a crime by a transport service provider, the Customer shall make a formal complaint to the Nigerian Police Force, an report is tendered, and the transport service provider shall cooperate with the Nigeria Police Force in ensuring that the allegations contained in the complaint are diligently investigated.
•  In the event that a user makes an allegation against a Driver-partner especially in events where details of partners are shared online, Driver-partners reserve the right to seek legal redress and may pursue legal recourse against damages to their character.

7. Free rides referral campaign

•  Motokada shall reward riders with a NGN1,000 discount code for every new unique rider they invite to use the app. Discount codes are applicable when card or cash payment option is selected.
•  The discount code will be valid if the new rider uses cash payment or card payment (excluding business account payments) for the first ride.
•  Motokada has the right to void any discount codes and block rider accounts if it suspects any fraudulent activities and charge the rider for the damages caused.