Terms & Condition
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access to and use of the Services constitutes your agreement to be bound by these Terms and establishes a contractual relationship between you and Kubinga. If you do not accept these Terms, you will not be able to access or use the Services. These Terms expressly supersede any agreements or understandings with you. Kubinga may immediately terminate these Terms or any Services related to the User or, in general, refrain from offering or denying access to the Services or any part thereof at any time and for any reason.
It is possible that Supplemental Terms apply to certain Services, such as policies for a particular event, activity or promotion, and these Supplemental Terms will be disclosed to You in respect of the applicable Services. The Supplemental Terms supplement and be interpreted as forming part of the Terms, for the purposes of the applicable Services. The Supplemental Terms supersede these Terms in the event of a dispute relating to the applicable Services.
Kubinga may from time to time change the Terms related to the Services. The changes take effect after the publication by Kubinga of the Terms, policies or Supplementary Terms changed in the space dedicated to the applicable Service. Continued access to or use of the Services after said publication constitutes Your acceptance to be bound by these Terms as amended.
2. The Services
The Services comprise a technology platform that allows users of Kubinga's mobile applications or websites, made available as part of the Services (each, an "Application"), to organize and schedule transport and / or logistics services to independent third party providers third party providers of independent transport and logistics services by means of a contract with Kubinga or certain Kubinga affiliates ("Third Party Providers"). Unless otherwise agreed in writing between Kubinga and the User, the Services are made available solely for your personal, non-commercial use by the User. YOU ACKNOWLEDGE THAT KUBINGA DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES DOES NOT WORK AS A TRANSPORTATION COMPANY AND THAT ALL TRANSPORT AND LOGISTICS SERVICES ARE PROVIDED BY THIRD PARTY CONTRACTORS THAT ARE NOT CONTRACTED BY KUBINGA OR BY ANY OF ITS AFFILIATES.
Subject to Your acceptance of these Terms, Kubinga offers you a limited, non-exclusive, non-sublicenseable, revocable, non-transferable license to: (i) access and use the Applications on your personal equipment for the sole purpose of respective use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in any case, solely for the purpose of personal and non-commercial use by the User. Any rights not expressly granted herein are reserved by Kubinga and its licensors.
The User is not authorized to: (i) remove any indication of copyright, trademark or other proprietary notices of any space of the Services; (ii) reproduce, modify, derivative works, destroy, license, rent, sell, resell, transfer, display or publicly display, transmit, reproduce, broadcast, or otherwise exploit the Services, except to the extent expressly permitted by Kubinga ; (iii) decompile, use engineering reserves or disassemble the Services, except to the extent permitted by applicable law; (iv) create links or reproduce through frames any part of the Services; (v) create or launch any programs or scripts to capture, index, collect or otherwise extract data from any part of the Services or improperly overload or disable the operation and / or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access or impair any aspect of the Services or their systems or networks.
Provision of Services.
You acknowledge that it is possible that certain parts of the Services may be made available through the various Kubinga brands or service options associated with transportation and logistics, including on-demand service marks, currently designated "Kubinga," "Kubinga-Basico, "" Kubinga-Normal, "the brands of logistics services on request" Kubinga Express ". You further acknowledge that the Services may be made available through such trademarks or service options or within the scope of: (i) certain subsidiaries or affiliates of Kubinga; or (ii) independent service or third party operators, including drivers of transport network companies, holders of non-scheduled charter or licenses, a permit or similar transportation authorization.
Third Party Services and Content.
The Services and all their rights are and remain the property of Kubinga or its licensors. Neither these Terms nor your use of the Services confer on you any rights to: (i) over or relating to the Services, except for the limited license granted above; or (ii) to use or otherwise refer to the corporate names of Kubinga, its Affiliates or its licensors, its logos, products and service designations, trademarks, service marks or other distinctive elements of ownership.
3. The use of the Kubinga Services by the User
In order to enjoy most of the features of the Services, you must register and maintain a personal Active Services user account ("Account"). The User must be at least 18 years of age, or the age corresponding legal majority in the respective jurisdiction (if different from 18), in order to obtain an Account. Registering an account requires the User to submit certain personal information, such as your name, address, mobile phone number and age, in addition to at least one valid payment method (a credit card or a partner accepted for payment). The User agrees to keep the information contained in his correct, complete and updated Account. By not maintaining correct, complete and up-to-date information on your Account, such as registering an invalid or expired payment method, you incur the risk of access to and use of the Services or termination of this Agreement by Kubinga. You are responsible for all activity in your Account and you agree to always maintain the security and confidentiality of your username and password. Unless otherwise permitted by Kubinga, in writing, the User may only hold an Account.
Requirements and User Conduct.
The Service is not available for people under the age of 18. You may not authorize third parties to use your Account and that persons under the age of 18 years enjoy transportation or logistics services from Third Party Service Providers, unless accompanied by their own. You may not assign or otherwise transfer Your Account to any other person or entity. The User agrees to comply with all applicable laws in the use of the Services and may only use them for legal purposes (eg, the transportation of illegal substances or hazardous materials). By using the Services, you will not cause inconvenience, embarrassment, disturbance or damage to property, either to the Third Party Service Provider or to any other party. In certain situations, and in order to access or use the Services, you may be required to provide proof of identity, 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 accept that the Services may send you messages with informational texts (SMS) as part of the normal operation of your use of the Services. The User may at any time choose not to receive text messages (SMS) from Kubinga by sending an email to firstname.lastname@example.org with the indication that he does not want to receive any further messages together with the number of the mobile device on which you receive these messages. You acknowledge that the option of not receiving text messages (SMS) may affect your use of the Services.
Kubinga may, in its sole discretion, create promotional codes that may be exchanged for credit in the Account or other functionalities or benefits related to the Services and / or services of a Third Party Service Provider, subject to additional conditions that Kubinga establishes for each promotion ("Promotional Codes"). You agree that Promotional Codes: (i) must be used by the public and for the purpose for which they are intended, and in a legitimate manner; (ii) can not in any way be copied, sold, transferred or made available to the general public (whether by disclosure in a public space or otherwise), unless expressly permitted by Kubinga; (iii) may be canceled by Kubinga at any time and for any reason without notice; (iv) may only be used in the specific terms established by Kubinga for these Promotional Codes; (v) can not be exchanged for cash; and (vi) may expire before being used by the owner. Kubinga reserves the right to withhold or discount credits or other functionalities or benefits obtained through the use of the Promotional Codes by the User or by others, in the event that Kubinga determines or has reason to believe that the use or redemption of the Promotional Codes occurred by deception or fraudulent, illegal or in violation of applicable terms of the Promotional Code or these Terms.
Content Provided by the user.
Kubinga may from time to time, in its sole discretion, allow You to submit, download, post or otherwise make available to Kubinga, through the Services, text, audio and / or visual content and information, including comments and feedback relating to the Services , support requests and registrations for the purposes of contests and promotions ("User Content"). All Content provided by the User remains the property of the User. However, by providing User Content to Kubinga, you grant Kubinga a worldwide, perpetual, irrevocable, transferable, royalty-free license to use, copy, modify, create derivative works of, distribute, publicly display and perform, and otherwise exploit in any way such User Content in all known and future design and distribution formats and channels (including in connection with the Kubinga Services and activity and on Third Party sites and services ), without notice or prior consent of the User, and without the need for any payment to the same or to any other person or entity.
You represent and warrant that: (i) you are the exclusive owner of all User Content or you hold all rights, licenses, consents and authorizations necessary to grant Kubinga your license to User Content under the terms described above; and (ii) neither the User Content nor its submission, transfer, publication or any other form of disclosure of such User Content nor the Use of Content by Kubinga under the terms set forth herein shall result in the infringement, misappropriation or infringement of the intellectual property or proprietary rights of a third party, or the rights of publicity or privacy, or in violation of any applicable law or regulation.
The User agrees not to submit User Content that is defamatory, libelous, violent, obscene, pornographic, illegal or otherwise offensive, as determined by Kubinga in its sole discretion, whether or not such material is protected by law. Kubinga may, but is not obligated to, revise, control or delete User Content in its sole discretion and at any time and for any reason without notice to You.
Access to the Network or Equipment.
The User is responsible for obtaining the necessary access to the data network in order to use the Services. The rates and charges for the data network and messages of the User's mobile equipment may apply if you access or use the Services from a wireless device, and you are responsible for payment of such fees and charges. The User is responsible for acquiring and updating the equipment or devices necessary to access and use the Services and Applications and any updates thereof. Kubinga does not warrant that the Services or any part thereof will operate on any particular device or device. In addition, the Services may be subject to failures and delays inherent in the use of the Internet and electronic communications.
You understand that you may incur expenses as a result of using the services or products you receive from a Third Party Service Provider ("Tariffs"). After you have used the services or products you obtained through the use of the Service, Kubinga will charge you the Fees on behalf of the Third Party Service Provider, as the exclusive third party Service Provider. The Payment of the Fees incurred in these terms shall be deemed to be a payment made directly by the User to the Third Party Service Provider. Tariffs include applicable taxes as provided by law. The payment of the Tariffs by the User shall be final and not refundable, unless otherwise determined by Kubinga. The User has the right to request from the Service Provider Third Lower Tariffs for the services or products received from the one, at the moment in which they enjoy them. Kubinga will respond accordingly to any request by a Service Provider to change the Tariffs for a particular service or product.
The payment of any Fee is due immediately and will be charged by Kubinga, through the preferential payment method indicated in the User's account, after which Kubinga will proceed to send the receipt by mail. If the Preferred Payment method in your Account is expired, invalid or otherwise unenforceable, You agree that Kubinga may, as the exclusive collection agent of the Third Party Provider, use a method account in the respective Account, if applicable.
In the relationship between the User and Kubinga, Kubinga reserves the right at any time and in its sole discretion to define, remove and / or revise the Rates for any and all services obtained through the Services. In addition, you acknowledge and agree that the applicable Tariffs in certain geographical areas may increase substantially in times of great demand. Kubinga will make reasonable efforts to inform the User about the Tariffs that may be applied, and Kubinga is responsible for the Tariffs incurred through its Account, regardless of whether or not they know the Tariffs and respective amounts. Kubinga may from time to time make promotional offers and discounts available to certain users, which may result in differences in amounts charged for the same or identical services obtained through the Services, and you accept such promotional offers and discounts, unless otherwise are made available, have no influence on your use of the Services or the Tariffs that apply to you. You may choose to cancel your request for services or products from a Third Party Service Provider at any time prior to the arrival of the Third Party Service Provider, in which case a cancellation fee may be charged.
This payment structure is intended to fully compensate the Third Party Service Provider for the services or products provided. Except for taxi transportation services ordered through the Application, Kubinga does not stipulate any portion of the payment made by the User as a gratuity or gratuity to be assigned to the Third Party Service Provider. Any statement by Kubinga (on Kubinga's website, Kubinga's Application or marketing materials) that the tip offer is "voluntary," "unnecessary," and / or "included" in payments that the User provided by the services or products provided is not intended to suggest that Kubinga provides for the payment of additional amounts, in addition to those described above, to the Third Party Service Provider. You understand and agree that, although you are free to make additional payment, as a gratuity, to any Third Party Provider who provides you with services or products through the Service, you are not obligated to do so. Gratuities are voluntary in nature. After you have used the services or products obtained through the Service, you will have the opportunity to rate your experience and leave a comment about your Service Provider.
Repair or Cleaning Rates.
It is the User's responsibility to pay for the costs of repairing or damages or necessary cleaning of the vehicles or property of Third Party Service Providers arising out of the use of the Services through their Account that exceed the damages of normal wear and tear and necessary cleaning ("Repair or Cleaning"). In the event that a Third Party Service Provider reports the need for Repair or Cleaning, and such request is confirmed by Kubinga, in its sole discretion, Kubinga reserves the right to collect payment for the reasonable cost of such Repair or Cleaning, in name of the Third Party Service Provider, using the payment method indicated in Your Account. Kubinga will transfer such amounts to the Service Provider, which are not refundable.
5. Exclusions; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "ACCORDING TO AVAILABILITY." KUBINGA DISCLAIMS ANY LIABILITY FOR EXPRESS, IMPLIED, OR STATUTORY STATEMENTS AND WARRANTIES, NOT EXPRESSLY STATED IN THE PRESENT CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KUBINGA DOES NOT DECLARE OR MAKE ANY WARRANTY AS TO THE RELIABILITY, OPPORTUNITY, QUALITY, FITNESS, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, WHETHER THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTIONS OR ERRORS. KUBINGA DOES NOT WARRANT THE QUALITY, FITNESS, SAFETY OR COMPETENCE OF ANY THIRD PARTY SERVICE PROVIDERS. USER AGREES THAT ALL RISK ARISING FROM YOUR USE OF THE SERVICES AND ANY REQUIRED SERVICE OR PRODUCT RELATED TO THESE IS FROM YOUR EXCLUSIVE LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY.
KUBINGA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DAMAGES, PERSONAL INJURY OR PROPERTY ARISING OUT OF OR IN ANY WAY RESULTING FROM ANY USE OF THE SERVICES, EVEN IF KUBINGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KUBINGA SHALL NOT BE LIABLE FOR ANY DAMAGES, DAMAGES OR LOSSES ARISING OUT OF: (i) THE USE OR RELIANCE DEPOSITED IN THE SERVICES OR THE INABILITY TO ACCESS OR USE THE SERVICES, BY THE USER; OR (ii) ANY TRANSACTION OR RELATION BETWEEN THE USER AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF KUBINGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KUBINGA SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO COMPLY WITH THE SERVICES, ARISING OUT OF CAUSES OUTSIDE OF ITS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME MARKINGS REQUESTED MAY OFFER SHARED OR PEER-TO-PEER SHIPPING, WHICH MAY NOT BE LICENSED OR AUTHORIZED. UNDER NO CIRCUMSTANCES SHALL KUBINGA'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES OR PROCESSES EXCEED CEM MIL KWANZAS (100,000.00 Kz)
KUBINGA'S SERVICES MAY BE USED BY THE USER WITH THE INTENTION TO REQUEST AND AGENDE TRANSPORTATION, PRODUCTS OR LOGISTICS SERVICES TO THIRD PARTY PROVIDERS, BUT THE USER ACCEPTS THAT KUBINGA IS NOT, IN ANY WAY, RESPONSIBLE FOR THIS, BY ANY TRANSPORT, PRODUCT OR LOGISTICS SERVICE THAT IS PROVIDED BY THIRD PARTY SERVICE PROVIDERS OTHER THAN THOSE EXPRESSLY STATED IN THE PRESENT CONDITIONS.
THE LIMITATIONS AND EXCLUSIONS CONTAINED IN THIS SECTION 5 ARE NOT INTENDED TO CONSTITUTE A LIMITATION OF LIABILITY OR TO CHANGE THE USER'S RIGHTS, WHETHER IN CONSUMER PURPOSE, WHICH CAN NOT BE EXCLUDED BY APPLICABLE LAW.
The User agrees to indemnify and hold Kubinga and its administrators, officers, employees and agents harmless from and against any and all claims, losses, damages and expenses (including expenses with lawyers) arising out of or in connection with: (i) or services and products obtained through your use of the Services by the User; (ii) the breach or breach of any of these conditions by the User; (iii) Kubinga's use of your User Content; or (iv) breach of the rights of any third party, including Third Party Service Providers.
6. Current law; Arbitration.
Except as otherwise provided in these Terms, they shall be governed and construed exclusively under the laws of the Republic of Angola, excluding its conflict of laws rules. The 1980 Vienna Convention on the International Sale of Goods (CISG) does not apply. Any dispute, conflict or controversy arising out of or in any way related to the Services or these Terms, including those relating to their validity, interpretation or applicability (any "Dispute"), shall be subject, first and foremost, to ("CCI Mediation Regulation"). If such a Dispute is not resolved within sixty (60) days of the submission of a mediation request to the under this CCI Mediation Regulation, such litigation may be redirected and shall be exclusively and finally settled by arbitration under the International Chamber of Commerce Mediation Regulation ("ICC Mediation Rules"). The ICC Rules of Arbitration shall be settled by a (1) arbitrator to be appointed by the The place of mediation and arbitration shall be in Angola, without prejudice to any rights which the User may have under Article 18 of the "Brussels Ia Regulation" (OJ UE 2012 L351 / 1. The language of the mediation and / or arbitration proceedings shall be in Portuguese, unless the User does not speak Portuguese, in which case the mediation and / or arbitration proceedings shall be conducted in Portuguese and in the User's mother tongue. The existence and content of mediation and arbitration proceedings, including documents and reports submitted by the parties, correspondence to and from the International Chamber of Commerce, correspondence of the mediator, and correspondence, orders or concessions issued by the sole arbitrator shall be kept strictly confidential and shall not be disclosed to any third party without the express written consent of the other party, unless: (i) disclosure to the third party is necessary, to the extent reasonable, in the conduct of mediation or arbitration proceedings; and (ii) the third party agrees, unconditionally, in writing, to be bound by the confidentiality obligation stipulated in this document.
7. Other Provisions.
Claims of Copyright Infringement.
Complaints regarding copyright violations should be directed to the designated Kubinga agent. Please visit the Kubinga website at https://www.kubinga.com/legal to consult the designated address and obtain further information.
Kubinga may make notifications through a general notice published in the Services, or by electronic mail to the e-mail address indicated in the User's Account, or by written communication sent to the address indicated therein. The User may notify Kubinga by written communication sent to the address of Kubinga at Rua do Girassol. Casa Nº5 Condominium of flowers Golf II, kilamba kiaxi Angola - Luanda.
You may not assign or transfer these Terms, in whole or in part, without the prior written consent of Kubinga. You authorize Kubinga to assign or transfer these Terms, in whole or in part, to: (i) a subsidiary or affiliate; (ii) an acquirer of Kubinga's capital, company or assets; or (iii) a successor, in the event of a merger. The agreement between the User and Kubinga or the use of the Services does not determine the existence of any vertical, partnership, work or agency relationship between the User, Kubinga and any Third Party Service Provider.
If any provision of these Terms is held to be unlawful, invalid or unenforceable, in whole or in part, under any law, such provision or portion thereof shall be construed as not forming part of these Terms hereunder, validity and applicability of the remaining clauses of these Terms shall not be affected. In such a case, the parties shall replace that part of the provision which is unlawful, invalid or unenforceable with a (part of) provision which is lawful, valid and enforceable and which has, to the greatest extent possible, a similar effect to the provision or its unlawful party , invalid or unenforceable, taking into account the content and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to their subject matter and supersedes and supersedes all prior and contemporaneous agreements and undertakings with respect to that subject matter. In this Agreement, the terms "including" and "includes" mean "including, but not limited to."