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TERMS AND CONDITIONS

Welcome to Qoray!

The following Terms and Conditions (these "Terms"), govern your access to and use of the QORAY website and mobile application (the "Platform" or "QORAY"), powered by QORAY MOBILITY AND ENERGIES LIMITED with its registered office at 20, Marina, Lagos referred hereto as “we” or “us” “QMEL” and “you” or “User” means you as a user of the Platform.

By accepting these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, you will be unable to access all or certain parts or features of the Platform.


ABOUT QORAY

QORAY is a clean energy-powered mobility solution (the “service”) that offers quality, cost-effective, reliable products with the primary mission to deliver innovative solutions through communities and partnerships.


ELIGIBILITY

To access and use the QORAY platform on web or mobile, in any manner, you must be 18 years of age or older, or the age of majority as defined in your jurisdiction. By visiting and continuing to use QORAY, you represent to us that you have reached the age of majority in your jurisdiction and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant that you are not accessing QORAY for other purposes or gathering statistical data. If you are accessing the Platform on behalf of your business, you represent that you have the authorization of other partners of your business (if any), to access and operate the Platform on behalf of all partners.


VERIFYING YOUR IDENTITY

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:

  • provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you;
  • take steps to confirm ownership of your email address or financial information; or
  • verify your information against third-party databases or through other sources.

We reserve the right to close, suspend, or limit access to your account, in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.


REGISTERING YOUR ACCOUNT

To fully access the QORAY site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. If you create an account on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts such as these Terms of Service, on behalf of yourself and the company.


You must complete a user profile registration (“Profile”) before you can access the services or use the Platform. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Platform. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading. To create an account, you will be required to provide your legally identified first name, legally identified last name, date of birth, email, phone number etc. To access certain features on the Platform you’d be required to provide your Bank Verification number (BVN) or other financial details. On the Platform, you will be asked to generate a Username, Password, Passcode for a wallet, transaction PIN, security questions etc.


MANAGING YOUR ACCOUNT

We reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, and/or issue you a warning if:

  • you breach the letter or spirit of these Terms and conditions or the referenced policies;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause any loss or liability to our Users or to us

You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You acknowledge that you are responsible for the creation and operation of your QORAY account. You are responsible for all activity and content generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).


FORGOT PIN, PASSCODE

If you forget your app Passcode or log in details or want to change them, you can click on the "forgot passcode" option on the login page of the Platform and follow the steps. To change your transaction PIN or if you suspect that your PIN has been compromised, you may need to contact us via our email below.


IF SOMETHING GOES WRONG

Though we have taken extra precautions to ensure that all your use of the Platform and that the services or transactions are secure. However, we do not guarantee secure, continuous, uninterrupted access to any part of the QORAY services, software, or systems, including any networks and servers used to provide any of the services stated herein. Accordingly, we are not responsible for the matters, which include actions of hackers and other unauthorized third parties that breach our reasonable security procedure. No method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of the Platform.


SERVICES ON QORAY

The following services and more are available on QORAY. The Platform allows you to:

  • Access vehicle catalogue and make requests
  • Perform charge or swap transactions
  • Monitor vehicle performance

PROHIBITED USES OF THE PLATFORM

When using or accessing the Platform you must comply with these Terms and all applicable laws, guidelines and regulations. You shall not do any of the following:

  • Gain or attempt to gain access to another User’s account or any non-public portions of the Platform,
  • Use the Platform in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services on the Platform.
  • Use the Services in any manner that we reasonably believe to be an abuse of or fraud on the Platform or the payment systems connected with the Platform.
  • Upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
  • Use the Platform to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.

Access, search, or collect data from the Platform with intent to store, transfer or sell the personal data of other users without our prior consent.


YOUR RESPONSIBILITY

We have compiled a list of things you need to do to help us keep your QORAY account safe.

  • It is your sole responsibility to keep your QORAY account safe: Security Details, PIN and any part of your account security should not be shared with anybody else or carelessly stored or disclosed under any circumstance.
  • If you leave your electronic access device without logging out, write your PIN down in a public space or share your details with anybody, we will not be liable for any errors, or results that may come of it.
  • We will always use all reasonable efforts to keep the Platform and service safe, and your security settings will help us narrow it further down. However, if these issues arise due to carelessness with any part of your app or account security, there is very little we can do, and we will be relieved of any liability as regards the occurrence of a breach
  • If you believe or reasonably suspect that there is a fraudulent act, we haven’t caught (which should be easy since you get all notifications), it is your duty to notify us immediately. We will then investigate and report back to you through the most secure channel you provide us.
  • You are required to change your security options if you believe any part of your security has been compromised.
  • When you notify us of your intention to change your password, PIN or security options, we will, with your approval, delete these details and allow you set up new ones.
  • After initial registration, we will not contact you (or ask anyone to do so on our behalf) with a request to disclose your log in details or transaction password/PIN. If you receive any such request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not provide your log-in details to them under any circumstances. Also, you should report any such request to us immediately.
  • Upon your registration or approval of certain services, you give us permission to deduct any fees we communicate or notify you on any transaction or service. If these fees change, you will be notified before consummating any transaction and given the option to opt out of this service.
  • You undertake to provide all required personal information in a timely, complete and truthful manner. In particular, you will provide up-to-date information on all circumstances and restrictions affecting the performance of the services.

PROHIBITIONS ON USE OF THE PLATFORM

Below are examples of the Platform that is illegal or prohibited. This list is not exhaustive, and we reserve the right to restrict access to and/or investigate any User who, in our sole discretion, violates any of the terms or conditions of these Terms.


In view of the foregoing, you understand and agree not to:

  • gain or attempt to gain access to another user’s account or any non-public portions of the Platform,
  • use the Platform in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services on the Platform.
  • use the Services in any manner that we reasonably believe to be an abuse of or fraud on the Platform or the payment systems connected with the Platform.
  • upload, transmit, or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features.
  • use the Platform to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights.
  • access, search, or collect data from the Platform with intent to store, transfer or sell the personal data of other users without our prior consent.
  • not to violate any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that are utilized in connection with the Products;
  • not to interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to our services;
  • not to use another user's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
  • not to use the Platform in a way that could damage it or stop it from working or affect our systems or other users – for example, by hacking into or inserting malicious code into the Platform.

Further, it is prohibited to:

  • Use bots, crawlers, scrapers or other automated means (besides authorized use of our API) to access or interact with the Platform or generally collect data or content not in connection with your booking.
  • Circumvent established security or technological barriers in place to protect the Platform and its content.
  • Decrypt, decompile, reverse engineer or copy the website and Platform.
  • Otherwise compromise or damage the Platform and its proper functioning.

Any breach of these Terms may result in the immediate revocation of the access granted to you without prior notice. Should we determine at our sole discretion that you are in breach, we reserve the right to deny you access to the Platform and Services, and this is without prejudice to any available remedies at law or otherwise.


MODIFICATIONS TO THESE TERMS AND CONDITIONS

We may change these Terms from time to time. This is solely at our discretion and changes will be effective when posted on the Platform with no other notice provided. Please check the Terms regularly for updates as changes shall be effective immediately, and we may indicate the date of such revision.


In addition, we may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Platform or and services without notice or liability.


If you keep using the Platform after a change, you are deemed to have accepted the new terms.


SUSPENSION OF YOUR QORAY ACCOUNT

We reserve the right to suspend your usage of the Platform or any of the Services immediately and without advance notice;

  • In order to maintain security.
  • You have breached the terms and conditions.
  • You give us false information at any time.
  • We suspect fraud or an attempt at fraud.
  • If there is suspicious activity on your account.
  • You have not satisfied any anti-money laundering requirements.
  • You are not eligible or entitled to download the Platform.
  • You have broken the law or attempt to break the law.
  • We receive notice of your mental incapacity, bankruptcy, or death.
  • There are system maintenance issues which need to be addressed promptly.
  • New upgrades are being introduced to the Platform.
  • Your mobile banking app is withdrawn by the manufacturer of your mobile device's operating system or if we stop supporting the Platform on your mobile device or operating system.
  • If you stop holding any account, product, or service in respect of which the Platform may be used.
  • We have legal obligations to do so.

We will attempt to notify you, except it would compromise our security measures, or it is unlawful to do so, or impracticable within the circumstances.


LIMITED LICENSE

The content and works (including design, text, graphics and the selection and arrangement) on the Platform are exclusively owned by QMEL. The duplication, processing, distribution and any kind of exploitation of the Platform’s content (to the extent not permitted by copyright laws) require our prior written consent. Any use of the Platform not expressly permitted by these Terms of Use and may violate our copyright, trademark and other laws. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.


CLOSING YOUR ACCOUNT

You can deactivate or close your QORAY account any time you want. If you’d like to, please contact us (see how to contact us section). We will not charge you for cancellation and if you choose to stop using the Platform, you should ensure you uninstall the QORAY mobile application if you access the Platform via the mobile App.


INTELLECTUAL PROPERTY AND CONTENT

  • We may in our sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”) on the Platform. By making available any Content, you agree that QORAY may use the Content on the Platform, in particular for promotional materials and publications. You hereby grant to QORAY a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to publicly display or otherwise use the Content for the aforementioned purpose. QORAY does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit the Content.
  • You acknowledge and agree that you are solely responsible for all Content that you make available on the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content or you have all rights, licenses, consents and releases that are necessary to grant to QORAY the rights in such Content, as contemplated under these terms and conditions; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or QORAY's use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
  • It is not allowed to upload or submit Content that (i) is illegal, pornographic, incites hate, obscene or defamatory; (ii) contains commercial content, especially advertisement or marketing for other good or services (iii) infringes intellectual property rights of others (iv) contains viruses, malware, trojan horses or other infested files. We are not obliged to check any Content ex-ante. Contents that violate these terms may be blocked or removed immediately without notice and we may suspend or terminate your use and access to the Platform.

WARRANTIES & DISCLAIMERS

  • The Platform may be under constant upgrades, and some functions and features may not be fully operational during periods of upgrade or software maintenance.
  • We disclaim any liability arising due to the vagaries that can occur in the electronic distribution of information.
  • You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s services
  • We do not, in any way, endorse any information or service offered or described on the Platform. In no event shall we be liable to you or any third party for any decision made, or action taken in reliance on such information.
  • You assume all responsibility and risk with respect to your use of the Platform. The services are provided and available “as is,” and “as available”. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations, and endorsements, express or implied, with regard to the Platform, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.
  • We do not warrant use of the website will be uninterrupted or error-free or that errors will be detected or corrected. We do not assume any liability or responsibility for any computer viruses, bugs, malicious code or other harmful components, delays, inaccuracies, errors or omissions, or the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the services.
  • In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the use of the Platform / services or our agreement with you concerning the services, including, but not limited to, (i) the use of or inability to use the Platform, the service, or the content, (ii) any transaction conducted through or facilitated by the Platform; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Platform, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Platform, the service, or the content, and any compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages.

INVOLVEMENT WITH THIRD PARTIES

  1. Links to Third Party Platforms. The Platform may allow access to other websites. These linked Platforms are not under our control, and we are not responsible for the contents of any linked Platform. QORAY may provide links only as a convenience, and such inclusion of any link does not imply endorsement by Us of the Platform or any part of its contents.
  2. Items of Third Parties. Some of our Services allow users to upload or route various information. You acknowledge that, except for Items clearly identified as being those of QORAY, we do not operate, control or endorse any Items listed on the Platform or processed by the Platform and have no responsibility whatsoever relating to these Items.

SEVERABILITY

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.


WAIVER

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


FORCE MAJEURE

To the fullest extent permitted under applicable law, we will be excused from performance under these Terms, for any period that we are prevented from or delayed in performing any obligations pursuant to this Terms, in whole or in part, as a result of a Force Majeure Event. For purposes of this section, “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes, (d) labor strikes; (e); (f) unauthorized access to our information technology systems by third parties; or (g) other causes beyond our reasonable control and contemplation.


INDEMNITY

You agree to defend, indemnify, and hold harmless QMEL, its employees, officers, directors, agents, its affiliates (Indemnified Parties) from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from or in any way related to your use of the Platform, violation of these Terms or any applicable law or any third-party rights, or any fraud or willful misconduct by you. Such Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification from you, in which event you will cooperate in asserting any available defenses.


DISPUTE RESOLUTION

We will use our best efforts to resolve any issue that may arise from the use of the Platform. However, we realize that there may be rare cases where we may not be able to resolve an issue to your satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access to the Platform or the services shall be referred to any court of competent jurisdiction in Nigeria.


GOVERNING LAW

These Terms are governed by the laws of the Federal Republic of Nigeria.


COMPLAINTS OR FEEDBACK OR SUGGESTIONS

If you have a complaint, please contact us and we will fix the problem. You can also share your issues, feedback, inquiries or suggestions with us, by emailing us at info@qoraymobility.com and support@qoraymobility.com