- SCOPE OF TERMS
These LynkCity Terms and Conditions (these “Terms”) apply to you (“User”) if you use our car-hailing and car hire services marketplace either to provide or receive services. These Terms are provided by LynkSolutions LTD, a United Kingdom (UK) corporation (herein as “LynkCity,” “we,” “us,” or “our”). These Terms form a legal agreement between you and us in relation to your use of our website at http://lynkcity.com (our “Site”) and mobile application (the “App”), as well as the car hire and ride-hailing marketplace services provided through them (our “Services”). Anytime you access our Site or App or use our Services, these Terms shall apply (unless additional terms and conditions are introduced later).
Our Services are provided within the United Kingdom (UK), European Union (EU), and across Africa. If you use our Services from other locations not described under these Terms or via our Site or App, you are responsible for any restrictions you may encounter therefrom.
Depending on the purpose for which you are using our Site and App, additional terms or policies may apply to you. Please, review all applicable terms and policies as may be displayed to you when you opt-in to register as a user. By using our Services, you hereby accept to be bound by these Terms. If you do not agree with these Terms, you should refrain from accessing our Site or App and using our Services.
- THE SERVICES PROVIDED BY LYNKCITY
Our Site and App provide a marketplace for users to connect. We provide a platform where car drivers (drivers) can register their cars (in line with our requirements) and pick ride-seeking users (riders) from one location to their destination for certain fees. Any user signing up as a driver can also use the App to provide car hire services (car rental provider). In turn, anyone signing up as a rider can hire a car (renter) from such a car rental provider. For a better user experience, users are matched with another user nearest to their location.
- DRIVERS AND CAR RENAL PROVIDERS ARE INDEPENDENT CONTRACTORS
LynkCity does not provide transportation services. We merely connect users who provide services with those that need the services. If you are a driver or car rental provider, you hereby acknowledge that you and LynkCity are in a direct business relationship and that your relationship with us is nothing else but that of an independent contractor. No form of employment, join-venture, partnership, or franchise relationship is created between you and LynkCity as a result of your use of our Services. You shall not bind or hold yourself out as a direct employee or representative of LynkCity.
- AGENCY POWER
As a driver or car rental provider, you hereby permit LynkCity to serve as your agent via our App to obtain riders or renters on your behalf, as well as receive payments (where relevant). You certify that you have obtained the necessary licenses to legally provide transportation services as an independent contractor prior to signing up as a driver.
As a rider or renter, you hereby permit LynkCity to act as your agent via our App and obtain rides from drivers and hire cars on your behalf. You understand that by using the App, our role as an agent does not mean we take responsibility for your ride/rent or your experience, nor does it mean we certify the qualifications of your driver or the reliability of the car rental provider.
- SERVICE ELIGIBILITY
Our Services are targeted at people who are able to form a legally binding agreement and can comply with these Terms. You must also create a user account for any type of account you wish to create on the Site or App (rider account and driver account). Anyone creating an account on the App must be at least 18 years of age. If you are below 18 years of age, you may only use LynkCity under the supervision of at least a parent or legal guardian. We reserve the right to terminate your use of our Services if we find out your use is in violation of this paragraph.
To provide services through LynKCity as a driver or car rental provider, you must own a car, and such a car must match the requirements displayed at the time of your car registration. You must also ensure your car meets these requirements at all times. We reserve the right to terminate your use of the App if you violate this paragraph.
- FEES AND PAYMENTS
- Driver / Car Rental Provider: In order to use our Services as a driver or car rental provider, you are expected to pay certain fees to LynkCity from your earnings. Unless there is a promotion, you hereby understand that LynkCity is entitled to a 10% commission on each service provided via our Services. You also authorize LynkCity to deduct the applicable commission from the total fees charged to the applicable rider or renter (whichever applies to you). To withdraw your earnings, you are required to add a payout method to any of the service types you provide. This means that you will need to add two payout methods if you provide driver and car rental provider services via the driver App. We reserve the right to change our commission at any time.
- Rider / Renter: As a rider or renter, you understand that each service rendered to you will be calculated based on factors such as the distance of your destination, the country such a service applies to, and the features available in such a service (for example, if you have luggage, wheelchair, or baby seat). The cost of a ride is determined by your mobile device’s location and GPS, and the estimated fees will be displayed to you before the service is provided. However, the cost may change before the ride’s completion (or on another ride of the same distance) due to certain factors. You are required to add a credit card before you can book a service on the App. Fees are payable upon completion of the service.
- Payment method: All payments through the App are facilitated by our payment processors (Stripe, PayStack, and Flutterwave), depending on your country of location. All credit card information collected is only used to process your payments via our App. We do not store your credit card information on the App, nor do we use your information for any other purposes. Our payment processors handle the storage and security of your payment method information.
- INTELLECTUAL PROPERTY RIGHTS
The materials, articles, blogs, audios, texts, pictures, videos, source codes, and content available on our Site and App (“Content”), and the trademarks, logos, service marks, are owned by and licensed to LynkCity and are subject to copyright and other intellectual property rights in the UK, EU, Africa, and other locations.
The Site and App designs, including the button icons, page headers, Site footer, and service names are the registered trademark of LynkCity in the UK, EU, Africa, and other locations. LynkCity does not permit you to use the trademark in conjunction with any other products or services if such use will cause confusion or if we do not expressly permit it. You may also not copy, edit, imitate, or use our trademark or trade dress without our express written permission.
Our Site and App and the Content on them are provided by us on an “as is” basis solely for your information and personal use. You are not allowed to copy, reproduce, sell, aggregate, advertise, distribute, exploit, rent, display, or transmit our Content for other purposes that are not described under these Terms or our Site and App without our express written approval.
- LICENSE TO USE OUR SITE AND APP
Subject to your compliance with these Terms, LynkCity grants you a limited, non-sublicensable, non-exclusive, revocable, non-transferable license to access and use our Site, App, and Content, on personal devices owned by you and in accordance with our usage rules, including downloading the Content you have gained proper access to for your personal, non-commercial use. LynkCity reserves the right not granted to you under these Terms.
- ELECTRONIC COMMUNICATIONS
When you use our Services, you may communicate with you via the Site, App, email address, and other means. We may also communicate with you via these means, including through these Terms and other agreements and policies, push notifications, and calls. When you communicate with us in relation to our Service, you are communicating with us electronically. You hereby agree that any communication furnished to you via electronic means, including our agreements and policies shall satisfy any legal requirements.
Notwithstanding, by submitting personal data to us in relation to our Services, you warrant to us that the data you submit is accurate, complete, and correct and that you will maintain the accuracy, completeness, and correctness of your data.
- PROHIBITED ACTIVITIES
In relation to your use of our Services, Site, and App, there are certain prohibited activities, including without limitation:
- Removing any LynkCity’s copyright, trademark, or intellectual property notices from any part of our Site or App;
- Attempting to modify, remove, make derivative works, license, distribute, sell, resell, lease, transfer, publicly display or perform, broadcast, stream, or otherwise exploit the Site, App, or Services without the written approval of LynkCity;
- Attempting to decompile, reverse-engineer, or disassemble our Site or App except as applicable law may allow;
- Violate any applicable law, statute, regulation, or rule when you use our Services;
- Using our Services in a way that infringes a third-party’s copyright, privacy rights, or other intellectual property rights;
- Assigning, transferring, renting, selling, or licensing your user account to a third-party without written permission from LynkCity;
- Launching or causing any scripts or program to launch for the purposes of indexing, scraping, surveying, or otherwise engaging in data mining of any parts of our Site, App, Content, or causing an undue burden or hindrance to the operation or proper running of any parts of our Site or the App; or
- Attempting to access any portion of our Services without proper access or authorization, or otherwise attempting to alter or impair any portion of the system that makes up our Site, App, or Services.
- USER-GENERATED CONTENT
LynkCity may, in its sole discretion, permit users to submit certain user-generated content, including comments and reviews, to public areas of the App. Any user-generated content remains your intellectual property; however, by submitting user-generated content, you grant LynkCity a perpetual, worldwide, transferrable, irrevocable, royalty-free right and license, including the right to sublicense such user-generated content, and copy, edit, use, display publicly, create derivative works, incorporate into other works, or otherwise exploit your user-generated content in any formats or media channels known now or hereafter in connection with our Services and Site and App.
By submitting user-generated content to us, you warrant that your user-generated content will not:
- Contain offensive language, discriminate, or contain wrongful comments based on race, color, sexual orientation, group, or tribe;
- Be defamatory, hateful, libellous, violent, unlawful, or contain sexual or offensive comments; or
- Contain content that is not based on the services provided to or received by you.
LynkCity reserves the right, but not the obligation, to remove, review, and monitor user-generated content (especially reviews) at all times for any reason, including if we believe that such user-generated content does not conform with these Terms and any ethical content.
- REFERRAL POLICY
LynkCity has provided a referral program to reward users for referring other users to our Services and helping us grow. The referral program does not affect your use of our Services, and these Terms does not govern your participation in our referral program. Our referral program is governed by our Referral Policy. Should we discover you violate any terms and conditions in our Referral Policy, we reserve the right to withhold any rewards earned and terminate your use of our Services. We also reserve the right to discontinue the referral program at any time
- DRIVER AND CAR RENTAL PROVIDER REPRESENTATIONS AND WARRANTIES
By using our Services as a driver or car rental provider, you represent and warrant to LynkCity that:
- The verification information and other information provided by you, including the driver’s license, insurance certificate, and other permits and licenses are correct and that you are authorized to provide driving services or rent out your car;
- You are medically fit and okay to provide driving services (as a driver) through our Services;
- The car you register on our Service is in good condition that meets the requirements set out by us during your registration and the requirements of motorable vehicles by any applicable law of your location and that you own such car and documents provided along with it;
- Your use of our Services will be in accordance with these Terms and any applicable usage rule provided by LynkCity from time to time and in other agreements;
- You will not engage in any reckless or unsafe driving or otherwise behave rudely or recklessly to any user when driving or providing services;
- You will obey all applicable laws, including traffic law and road safety precautions of your location, including not taking any drugs, alcohol, or other intoxicating substances while driving;
- You will, at all times, obey these Terms and all applicable laws; and
- If applicable, you will pay all applicable local, state, or federal tax as required under the laws of your location.
- DIRECTION TO THIRD PARTIES
By agreeing to these Terms, you acknowledge that it is within LynkCity’s discretion to direct your phone or web browser to third-party partners, affiliates, or third-party sites. LynkCity also holds a partner site for affiliates. Your ride data may be reviewed by these affiliates to gauge region-by-region success or needs for improvement.
- GENERAL DISCLAIMERS
The App and our Services are provided on “as is” and “as available” bases without warranty of any kind – whether express, implied, or statutory. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that your use of our Services will meet your expectation or that you will, at all times, be able to receive or provide services via our App, or that a driver or rider or other users will agree to honor any transaction. We do not warrant that our Services will be available at a particular geographic location or specific locations, due to laws, roadworthiness, health concerns, and natural causes.
We do not warrant that our Services will not be uninterrupted, without errors or omissions, or that our Content or Service features, including the location map, will be complete, accurate, or reliable. We do not guarantee you that our Site and App will be at all times secure and that any personal data we hold about you will not be accessed by unauthorized third parties.
- LIMITATION OF LIABILITY AND INDEMNITY
UNDER NO CIRCUMSTANCES SHALL LYNKCITY (OR AFFILIATES, EMPLOYEES, AGENTS, DIRECTORS, LICENSORS, AND SERVICE PROVIDERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OF LOSS OF PROFIT, REVENUE, GOODWILL, PROPERTY OR PERSONAL INJURY, THAT MAY ARISE AS A RESULT OF YOUR USE OF OUR SERVICES, EVEN IF LYNKCITY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURING.
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR:
- ANY RELIANCE ON OUR CONTENT OR INFORMATION AVAILABLE THROUGH OUR SITE AND APP;
- YOUR USE OF OUR RIDE-HAILING AND CAR HIRE SERVICES MARKETPLACE OR ANY INABILITY TO USE IT;
- ANY TRANSACTION YOU MAY HAVE WITH ANOTHER USER THROUGH OUR SERVICES, OR ANY FAILURE OF ANY USER TO HONOR OR COMPLETE A TRANSACTION;
- ANY DELAY OR FAILURE TO PROVIDE OUR SERVICES AS A RESULT OF CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, SUCH AS THE EFFECT OF COVID-19 OR, NATURAL CAUSES, WARS, GOVERNMENT INTERVENTIONS, AND ACTS OF GOD; AND
- ANY THIRD-PARTY SERVICE YOU ACCESS VIA OUR SITE AND APP.
NOTWITHSTANDING THE FOREGOING, IF LYNKCITY IS FOUND TO BE LIABLE FOR ANY CAUSE WHATSOEVER, OUR LIABILITY SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL FEES PAID TO US IN THE PAST 3 MONTHS BEFORE THE ISSUE AROSE.
THE LIMITATIONS DESCRIBED UNDER THESE TERMS AND THIS SECTION ARE NOT INTENDED TO LIMIT OR ALTER YOUR CONSUMER RIGHTS THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Additionally, by using our Site and App, you agree to defend and hold LynkCity (and any or all of our sponsors, members, affiliates, suppliers, promotional partners, agents, and representatives) harmless against any demands, claims, liabilities, or actions arising out of or as a result of your breach or violation of these Terms, applicable local, state, or federal law or regulation, as well as claims of infringement, misappropriation, or violation of the rights of others.
- TERM AND TERMINATION
These Terms become effective upon your acceptance of these Terms and your use of our Services. You have the right to terminate these Terms by deleting your user account on our App.
LynkCity reserves the right to terminate, suspend, or limit your use of our Services or delete your user account if (i) we believe you no longer qualify to provide services through our App (for example, if a car no more qualifies under applicable requirements); (ii) you violate any provision under these Terms or your warranties; or (iii) we believe, in good faith, that terminating your account will protect our rights and property or our community.
If we terminate your account, any paragraph or provision under these Terms, which is meant to survive shall survive such termination or deactivation of these Terms.
- DISPUTE RESOLUTION
These Terms and the entire LynkCity Services, including any dispute and interpretation, shall be governed by and construed in accordance with the English law. You hereby agree to the exclusive jurisdiction of the courts located in England.
- MOBILE DEVICES AND NETWORK ACCESS
To use our Services, you acknowledge that you must obtain a mobile device and have internet access and that your mobile network data and messaging charges may apply. You acknowledge that any and all charges in relation to the foregoing shall be your responsibility. You also acknowledge that you are responsible for updating the App and using an updated device at all times. We will not be liable to you for any shortcomings that may arise from your inability to meet the foregoing.
- CHANGES TO THESE TERMS
We may alter, edit, update or change these Terms at any time due to changes to our Services or applicable law. Changes to these Terms will be communicated to you via your account area, the Site, or your account-associated email address. By your continued use of our Services after any updates or changes to these Terms, you confirm your acceptance of such updates or changes.
- THIRD-PARTY SERVICES
Our Site and Content may contain links that lead to third-party services or sites. We are not in control of any services provided by third parties whose services are featured through any links or Content on the Site. Your access and use of any third-party services from our Site are at your sole risk. You release LynkCity from any and all disputes or claims that may arise therefrom.
- OTHER PROVISIONS
- Entire Agreement: These Terms represent the entire agreement between you and LynkCity in relation to the subject matter hereof, and it supersedes all contemporaneous understanding and agreements that may have existed before it.
- Exceptions/Severability: If a court of competent jurisdiction deems any provision of these Terms unlawful, you agree that the rest of this document will survive and the unlawful provision will be removed.
- Reasonableness: By using the App to obtain a driver or rider, you agree that the exclusions and limitations of liability set out in these Terms are reasonable and govern your use of the App.
- Assignment: LynkCity may transfer, sub-contract, or delegate its rights or obligations under these Terms without notifying you or obtaining your consent.
- Waiver: No waiver under these Terms shall be valid unless it’s in writing. If we fail to exercise a provision under these Terms, it shall not waive our rights to enforce such provision at a later date or on subsequent or similar violations.
- CONTACT INFORMATION
If you have any questions, complaints, queries, suggestions, concerns, or ideas about these Terms, the Site, App, or our Services, feel free to message us via the “contact us” section on our Site or email us at [email protected].