MIZI USER TERMS AND CONDITIONS
Last updated: May 10, 2020
PLEASE READ THESE TERMS CAREFULLY IN ITS ENTIRETY BEFORE ACCESSING OR USING THE SERVICES.
1. Establishment of a Contractual Relationship
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Mizi. If you do not agree to these Terms, please refrain from accessing or using our Services. These Terms expressly supersede any prior agreements or arrangements with you. Mizi 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, without prejudice.
2. Supplemental Terms
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
3. Right to Amend Terms and Conditions
Mizi reserves the right to amend the Terms related to the Services from time to time. Amendments will be effective upon Mizi’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting indicated that you consent to be bound by the Terms, as amended.
5. Nature of the Services
The Services constitute a technology platform that enables users of Mizi’s mobile applications or websites for scheduling transportation services with independent third-party providers under agreement with Mizi or certain of Mizi’s affiliates (“Third-Party Providers”).
Unless otherwise agreed with you by Mizi in a separate written agreement, the Services are made available solely for your personal, noncommercial use.
YOU HEREBY ACKNOWLEDGE THAT MIZI DOES NOT ACT ALONE WHEN PROVIDING TRANSPORTATION OR LOGISTICS SERVICES, OR FUNCTION AS A TRANSPORTATION CARRIER AND MAY PARTNER WITH OTHER TRANSPORTATION SERVICE PROVIDERS.
YOU ALSO ACKNOWLEDGE THAT SOME OF SUCH TRANSPORTATION OR LOGISTICS SERVICES MAY BE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MIZI OR ANY OF ITS AFFILIATES UNLESS STATED BY MIZI.
Subject to your compliance with these Terms, Mizi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
- access and use the Applications 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 are reserved by Mizi and Mizi’s licensors.
In accessing or using Mizi’s platform or website, you may NOT:
- remove any copyright, trademark or other proprietary notices from any portion of the Services;
- 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 Mizi;
- decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Services;
- 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
- attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
8. Provision of the Services
You acknowledge that portions of the Services may be provided under Mizi’s various brands or request options associated with transportation, including the transportation request brands.
Currently, Mizi may be referred to as “Mizi,” “Mizi CAPTAIN,” “Mizi PARTNER,” “Mizi for BUSINESS,” and “Mizi WEB PANEL”.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Mizi’s subsidiaries and affiliates; or (ii) independent Third-Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
9. Third-Party Services and Content
The Services and all rights therein are and shall remain Mizi’s property or the property of Mizi’s licensors. 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 Mizi’s company names, logos, product and service names, trademarks or services marks or those of Mizi’s licensors.
A. User Accounts
To use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). All users must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account.
Account registration requires you to submit to Mizi certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method in the form of either credit or debit card information. You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file, may render your account inaccessible or result in deactivation of your account.
You are responsible for all activity that occurs under your Account, and agree to maintain the security of your Account username and password at all times. Unless otherwise permitted by Mizi in writing, you may only possess one account.
B. User Restrictions
- You may not authorize third parties to use your account.
- 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.
- You may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).
- You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party.
- In certain instances, you may be asked to provide proof of identity to access or use the Services, and you may be denied access to the Services if you refuse to provide proof of identity.
C. Right to Refuse Services
Mizi reserves the right to refuse a user or rider Services when:
- There is a misrepresentation of information on the users account;
- The user is found to be a threat to public safety or the safety of other users and riders; or
- The user is a public health threat or shows symptoms associated with a communicable disease or infection.
11. Promotional Codes
Mizi may, in Mizi’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third-Party Provider’s services, subject to any additional terms that Mizi establishes on a per promotional code basis (“Coupon Codes”). You agree that Coupon Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Mizi; (iii) may be disabled by Mizi at any time for any reason without liability to Mizi; (iv) may only be used pursuant to the specific terms that Mizi establishes for such Coupon Code; (v) are not valid for cash; and (vi) may expire prior to your use. Mizi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Coupon Codes by you or any other user in the event that Mizi determines or believes that the use or redemption of the Coupon Code was in error, fraudulent, illegal, or in violation of the applicable Coupon Code terms or these Terms.
12. User Provided Content
Mizi may, in Mizi’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Mizi through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Mizi, you grant Mizi a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Mizi’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
13. Warranties and Representations
You represent and warrant that:
- you are the sole and exclusive owner of all User Content;
- you have all rights, licenses, consents and releases necessary to grant Mizi the license to the User Content as set forth above;
- your information submitted on Mizi’s platform for its will infringe, misappropriate or violate a Third-Party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
- none of your user Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Mizi in its sole discretion, whether or not such material may be protected by law. Mizi may, but shall not be obligated to, review, monitor, or remove User Content, at Mizi’s sole discretion and at any time and for any reason, without notice to you.
14. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Mizi 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.
15. Charges and Payment Terms
The use of the Services may result in charges (“Charges”) for the services received from a payment collection agents. After you have received services obtained through your use of the Service, Mizi will facilitate your payment of the applicable Charges on behalf of the Third-Party Provider through a payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third-Party Provider.
Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls, airport surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Mizi.
All Charges are due immediately and payment will be facilitated by Mizi using the preferred payment method designated in your Account, after which Mizi and/or Mizi’s payment settlement agent will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Mizi may, as the Third-Party Provider’s payment collection agent, use a secondary payment method in your Account, if available.
As between you and Mizi, Mizi reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Mizi’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Mizi 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. Mizi 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 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 from a Third-Party Provider at any time prior to such Third-Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third-Party Provider for the services provided. Except with respect to transportation services requested through the Application, Mizi does not designate any portion of your payment as a tip or gratuity to the Third-Party Provider. Any representation by Mizi (on Mizi’s website, in the Application, or in Mizi’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Mizi provides any additional amounts, beyond those described above, to the Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third-Party Provider and or the “Mizi” product you have used to enjoy the service.
16. Disclaimers, Limitation of Liability and Indemnity
The services are provided “as is” and “as available.” Mizi 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, Mizi makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services requested through the use of the Services, or that the services will be uninterrupted or error-free. Mizi 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.
B. Limitation of Liability
Mizi shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if mizi has been advised of the possibility of such damages.
Mizi shall not be liable for any damages, liability or losses arising out of:
- your use of or reliance on the services or your inability to access or use the services; or
- any transaction or relationship between you and any third-party provider, even if Mizi has been advised of the possibility of such damages.
Mizi shall not be liable for delay or failure in performance resulting from causes beyond Mizi’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 Mizi’s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred us dollars ($500).
Mizi’s services may be used to schedule transportation services with third-party providers, but you agree that mizi has no responsibility or liability to you related to any transportation services provided to you by third-party providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Mizi 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:
- your use of the Services or services obtained through your use of the Services;
- your breach or violation of any of these Terms;
- Mizi’s use of your User Content; or
- your violation of the rights of any Third-Party, including Third-Party Providers.
17. Lost Property
It is your responsibility of riders to ensure that all individual property is from the vehicle of a Third-Party Provider when disembarking. If you leave your property in the vehicle of a Third-Party Provider, the Third-Party Provider may hand over your property to you, Mizi or to the Mizi local service entity.
Whilst you may expect Third-Party Providers to hand over your property to you, the offices of Mizi or the Mizi local service entity, Mizi or the Mizi local service entity shall not be held liable for the Third-Party Provider not handing over your property as expected. Moreover, Mizi or the Mizi local service entity shall not be liable for the loss or damage to your property whilst it is in transit.
Whilst Mizi or the Mizi local service entity will take reasonable steps to establish the owner of property left in a Third-Party Provider’s vehicle if returned to the offices of Mizi or the Mizi local service entity, when your property is in Mizi’s or the Mizi local service entity’s possession, you understand and agree that: (i) Mizi or the Mizi local service entity will only keep your property in its possession for a maximum period of three months from the date on which the Third-Party Provider handed your property to Mizi or the Mizi local service entity; and (ii) should you fail to collect your property from Mizi or the Mizi local service entity before the expiry of the three month period stipulated, Mizi or the Mizi local service entity will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Mizi or the Mizi local service entity in respect of your unclaimed property.
18. Governing Law and Dispute Resolution
These terms shall be governed, construed and interpreted by and under Laws of Nigeria. In the event of a dispute arising from this Agreement, the Parties shall endeavour to settle amicably any dispute, difference or claim arising whether directly or indirectly from this Agreement. If the dispute, difference or claim is not settled amicably within 14 (fourteen) days, the dispute, difference or claim shall be referred to the Lagos Multi-Door Courthouse (LMDC) for mediation which shall be conducted in accordance with the LMDC Mediation Procedure Rules or such other Rules mutually agreed by the Parties. Each Party shall bear its own costs and would be liable to contribute the same amount in respect of fees to be paid to the Mediator. Where the Parties are unable to resolve the dispute by Mediation, either Party may submit the dispute to a Court of competent jurisdiction in Nigeria.
19. Other Provisions
A. Notice of Claims of Copyright Infringement
Claims of copyright infringement should be sent to Mizi’s designated agent. Please send an email to firstname.lastname@example.org to receive information on the designated address and additional information.
B. Other Notices
Mizi may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Mizi by written communication to Mizi’s address. Address will be provided on request. Request will be made via electronic mail to email@example.com.
20. Assignment of Rights and Obligations
You may not assign or transfer your rights and obligations under these Terms in whole or in part. You give your approval to Mizi for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Mizi’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Mizi or any Third-Party Provider as a result of the contract between you and Mizi or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”