Last updated April 10,2017
These Terms of service ("Terms") govern the access or use by you, an individual, from within the Federal republic of Nigeria and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in Nigeria and its territories and possessions by Mydiary LLC and its subsidiaries and affiliates (collectively, "Mydiary,or Diary"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to".
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Pair,and by extension Diary and all of its subsidiaries and affiliates. 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. Pair administrators may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
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 Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. THE SERVICES
Our service constitute a technology platform that enables Car owners who are registered on www.ilovepair.com as Drivers,to share their Vehicle with non-Car owners,who are also registered on the platform. YOU ACKNOWLEDGE THAT PAIR DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
Subject to your compliance with these Terms, Pair grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use our platform on your personal device solely in connection with your use of the Services; and (ii) 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 Pair,and founding company-Diary,or any of her subsidiaries.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Pair; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
PROVISION OF THE SERVICES. THIRD PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain Pair’s property or the property of Pairs parent owners-Diary, and all of her extensions. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Pairs product name, logos, product and service names, trademarks or services marks or those of Pairs licensors or management company.
YOUR USE OF THE SERVICE
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.Account registration requires you to submit to Pair certain personal information, such as your name, address, mobile phone number and age, as well as at least two valid form of identification .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 form of identification, can result to account cancellation. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account access name and password at all times. Unless otherwise permitted by Pair in writing, you may only possess one Pair 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. 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. Upon registering for an account on Pair, you will 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.
By creating an Account, you agree that Pair may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your network provider’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Pair 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.
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, Pair 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, or a Car owner. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Pair. You retain the right to request lower Charges from a Pairer for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Pair 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 weekly, or monthly and payment will be facilitated by Pair using the preferred payment method designated in your Account, after which Pair will send you a receipt by email. Note that the only medium of payment accepted by Pair at this moment, is payment made into Pairs official Bank accounts, either directly or via bank transfer.
Pair at this time, does not accept any form of online payment. As between you and Pair, we reserve the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Pair’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain parts of the country may increase substantially during times of high demand. Pair 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. Pair 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.
REPAIR OR CLEANING FEES.
A car owner whose Vehicle gets damaged while using the Pair service, or while commuting a Car-pairer is solely responsible for the repair of his/her vehicle. Pair is under no legal obligation to a Car owner/Car pairer, for accidents, injury, property loss, damage encountered while commuting with a fellow Pair user.
4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." PAIR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PAIR MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PAIR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
PAIR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY LOSS OR DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAIR SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF PAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAIR SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PAIR'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL PAIR BE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ANY DAMAGE, LOSS. PAIR’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PAIR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, PROVIDED TO YOU BY A THIRD PARTY PROVIDER OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
You agree to indemnify and hold Pair and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Pair's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
5. DISPUTE RESOLUTION
You agree that decisions reached on any dispute involving you by Pair as regards aftermath of services offered on this platform are final, and cannot be contested in any small claim court or judicial entity.
You may not assign these Terms without Pairs written approval. Pair may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Pair’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Pair or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Pair's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pair in writing.
Last edited :10th April,2017