Last Updated: September 5, 2018
Eligibility and Agreement:
If you use our Services, these Terms apply. If you do not agree to these Terms, you must not use our Services. You can use our Services only if you can lawfully enter into an agreement to these Terms under applicable law. If you use our Services, you agree to do so in compliance with these Terms and with applicable laws and regulations.
Changes to These Terms:
We may make changes to these Terms, including when there are changes in our Services, technology, regulation and for other reasons. If we do, we will provide you notice of such changes by posting the updated Terms on our website and changing the “Last Updated” date above. Any amended Terms will become effective no earlier than 5 days after they are posted and apply prospectively to use of the Services after such changes become effective, except that changes addressing new functions of the GateKrasher Services or changes made for legal reasons will be effective immediately. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the GateKrasher Services.
What we do:
GateKrasher is an online and mobile app platform that connects businesses and people with formal and informal service providers, embeded within the app is also transportation as a service (Hitch a ride), which in all we call GateKrasher. The customer app simply goes by Gatekrasher while the app for professionals (including our partner drivers) is referred to as the Gatekrasher Pro . Our Services may evolve over time, this means we may make changes, replace, or discontinue (temporarily or permanently) some or all of our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using some or all of our Services. If, in our sole discretion, we decide to permanently discontinue all of our Services, we will provide you with notice via our website.
GateKrasher provides certain services as part of our Services for which a fee is charged. Below are the list of our paid services you may pay for:
- Gatekrasher Pro Subscription: Professionals are allocated certain amount of free credits to use in bidding for available jobs on our Gatekrasher Platform. Gatekrasher Professionals may elect to use any of our paid subscription to get more bidding credits or to have access to bid more jobs within a space of an allotted timeframe. Payment for the subscription is made via our payment partner (Paystack) and they support payment methods such as bank transfer, eligible credit card and/or debit card.
- Gatekrasher Payments: Paying for services offered on the Gatekrasher platform we may require a bank account , a credit card or a debit card as a proof of good funds by authenticating the details of the customers’s bank or card account, including the account balance at the time of engaging the professional (Hire) or it may require the customer to pre-fund their Gatekrasher wallet/ Credit account by wiring funds to GateKrasher, upon completion of the wire transfer the customer account will be automatically reflected on their GateKrasher App, using the unique key associated with their app (the phone number).
- By entering this agreement, you agree to the terms of service of Paystack (our Payment partner) found here: https://paystack.com/terms, which are incorporated herein by reference.
- In addition, when provide you pay or hire services, you certify under penalty of perjury that: 1) The bank account, credit card and/ or debit card are correct; 2) You certify that you are not using another person’s means of payment to pay for your services (if you do, it will constitute to fraud which is punishable under the law).
- Debit and Credit card transactions may be subject to daily or monthly limits and/or may be declined by either Debit/ credit card companies or by GateKrasher’s software logic, which will be duely notified during transaction time.
- When you request for services from the Gatekrasher platform there may be a transaction fee associated with the transaction. The fee is automatically added to the quotation provided by your service professional.
You acknowledge and agree that GateKrasher is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Gatekrasher platform. The platform helps you to submit your requests for services to providers (professional service providers or drivers). However, each service providers are independent operators and GateKrasher does not have sole control over them, therefore cannot assure you that transaction request you submit via the platform will be picked up by a provider or completed by them. You acknowledge and agree that the transaction requests you submit via the Gatekrasher platform may not be completed, or may be substantially delayed, by the administrators of Gatekrasher platform. When you complete a transaction request via the Gatekrasher platform, you authorize us to submit your transaction request to eligible service providers in accordance with the instructions you provide via the Gatekrasher platform.
Purchases using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. All payment transactions processed through the Gatekrasher platform are non-refundable. If for any reason you are issued a refund, such refunds will stay will be placed in your Gatekrasher wallet/ credit account. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using your payment method. You can also always access the record of your transactions by logging into your GateKrasher App.
Visiting gatekrasher.com, downloading the gatekrasher app and gatekrasher pro app or sending emails to Gatekrasher, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use our website or our mobile application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Gatekrasher is not responsible for third party access to your account that results from theft or misappropriation of your account. Gatekrasher and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Gatekrasher does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you are not allowed to use any services on our platform
Any transaction made via Gatekrasher platform are governed by the service provider, Gatekrasher takes no responsibility for any loss due to procurement of services. Users are expected to use better judgment when conducting business on Gatekrasher, only transact with verified service providers. All service provisions are final. Users are indeed initialed to leaving reviews on every transaction done via Gatekrasher. Users may consider existing reviews and cross references as well as personal recommendations when deciding whether or not to conduct business with a new seller. For some more best practices and personal security advisement please visit (gatekrasher.com/help).
Third party services
Services made available via gatekrasher are delivered by third party individuals and/ or organizations. By using any product, service or functionality originating from gatekrasher, you hereby acknowledge and consent that gatekrashermay share such information and data with any third party with whom gatekrasher has a contractual relationship to provide the requested product, service or functionality on behalf of gatekrasher users and customers.
Ownership of Intellectual Property Rights.
We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in our Services and all content on our Services, including our trademarks, service marks, designs, logos, URLs, and trade names that are displayed on our Service, which we refer to in these Terms, collectively, as the GateKrasher Materials. We hereby grant you a limited, nonexclusive, and non-sublicensable license to access and use the GateKrasher Materials for your personal or internal business use. Such license is subject to these Terms and does not permit any resale of the GateKrasher Materials; the distribution, public performance or public display of any GateKrasher Materials; modifying or otherwise making any derivative uses of the GateKrasher Materials, or any portion thereof; or any use of the GateKrasher Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding GateKrasher or our Services that you provide, whether by email, posting through our Services or otherwise, which we refer to in these Terms as Feedback. Any Feedback you submit is non-confidential and will become the sole property of GateKrasher. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You may not use, copy or retransmit anything on our website without our permission. We reserve all rights not expressly granted herein.
To use the GateKrasher Services, you must provide a valid mobile phone number. This number is used as part of the authentication process. As part of using the GateKrasher Services, you are agreeing to receive SMS/text messages from us. Please note that while we do not charge you for SMS/text messages, your mobile carrier’s standard messaging rates will apply. Failure to provide a valid mobile phone number may result in restriction of your use of the GateKrasher Services.
You agree that you will not use the GateKrasher Services to perform any type of illegal activity of any sort or to take any action that negatively affects the performances of the GateKrasher Services. You may not engage in any of the following activities via the Services, nor may you help a third party in any such activity: (1) attempt to gain unauthorized access to our Services or another user’s account, (2) make any attempt to bypass or circumvent any security features, (3) violate any law, statute, ordinance, or regulation, (4) reproduce, duplicate, copy, sell or resell our Services for any purpose except as authorized in these Terms, (5) engage in any activity that is abusive or interferes with or disrupts our Services. If you are blocked by GateKrasher from accessing the GateKrasher Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Use of our Services in connection with any transaction involving illegal products or services is prohibited. GateKrasher reserves the right to temporarily or permanently suspend/ disable or terminate your account or otherwise restrict your use of the GateKrasher Services if any violation of this section occurs.
The GateKrasher Services may be subject to export control regulations under applicable law. By using the GateKrasher Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are, (i) the subject of any sanctions administered or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control, the U.S. Department of State, the United Nations Security Council, the Nigerian government, or any other governmental authority with jurisdiction over GateKrasher or the GateKrasher Services; (ii) identified on the Denied Persons, Entity, or Unverified Lists of the U.S. Department of Commerce’s Bureau of Industry and Security; or (iii) located, organized or resident in a country or territory that is, or whose government is, the subject of U.S. economic sanctions, including, without limitation, Cuba, Iran, North Korea, South Sudan, Sudan, or Syria. You further represent that you will not use the GateKrasher Services to conduct any transaction with or on behalf of any person or entity listed in clauses (i) through (iii) above or otherwise in violation of law. GateKrasher may cease to provide the GateKrasher Services to you for any reason, and with no notice, if it determines that you have violated any of the above representations. You understand and consent that GateKrasher may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in GateKrasher’s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify GateKrasher immediately in writing if your status under any of the above covenants changes.
GateKrasher and the GateKrasher logo are our trademarks, registered trademarks or service marks. Any other trademarks mentioned in our website or mobile apps are the property of their respective owners.
Disclaimer of Warranties. OUR SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND. Your use of our Services is at your sole risk. We and our licensors, service providers, contractors or subcontractors (if any) make no representations or warranties about the suitability of the information, software, products and services contained in our Services for any purpose or their compliance with any accounting rules, principles or laws, and expressly disclaim any representation or warranty that the Services will be free from errors, viruses or other harmful components, that communications to or from the Services will be secure and not intercepted, that the services and other capabilities offered from the Services will be uninterrupted, or that their content will be accurate, complete or timely. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH IN THESE TERMS. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
GateKrasher is not acting and cannot act as an advisor, including as to any financial, legal, investment, insurance and/or tax matters. Any information provided by GateKrasher is for general information only. You are solely responsible for determining whether any contemplated transaction is appropriate for you.
You agree to indemnify, defend and hold us, our employees, agents, consultants, subsidiaries, partners, affiliates, and licensors, harmless against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals) arising from or in any way related to your use of our Services, your violation of these Terms, or your violation of any rights of any other person or entity.
Limitation of Liability
In no event will the aggregate liability of GateKrasher, our licensors, service providers, contractors or subcontractors for any loss or damage that arises out of, or is connected with, any of the occurrences described above exceed, the greater of $100 or the service fees that you paid to us for the service we provide through the Services during the month during which the incident occurred. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us, our licensors, service providers and subcontractors. FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION WOULD NOT LIMIT THE AMOUNTS OTHERWISE PAYABLE TO YOU BY GateKrasher AS A RESULT OF SUCCESSFUL VAULT INSURANCE CLAIMS PAID OUT BY GateKrasher’S INSURER AND RECEIVED BY GateKrasher. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Arbitration and Governing Law
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and GateKrasher agree to arbitrate any dispute arising from these Terms or your use of our Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A TRIAL. You and GateKrasher agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Gatekrasher shall be sent to admin@GateKrasher.com. You and GateKrasher further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Ikeja Lagos state Nigeria for African users and in the city of Marietta, state of Georgia for USA users ; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the governing laws and regulations; and (d) that the courts have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND GateKrasher WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of our Services within two years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
Under applicable law, after a specified period of inactivity by you with respect to your GateKrasher account, GateKrasher may be required to report and/or remit any credit it is holding in custody for you in accordance with unclaimed property laws.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
Assignment; Entire Agreement.
GateKrasher may assign these Terms to its affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms, together with any other agreements that apply to you, constitute the entire and exclusive agreement between us and you regarding its subject matter, and supersede and replace any previous or contemporaneous written or oral contract, warranty, representation or understanding regarding its subject matter.
Changes to this Statement
GateKrasher™ will occasionally update this Statement of Privacy to reflect company and customer feedback. GateKrasher™ encourages you to periodically review this Statement to be informed of how GateKrasher™ is protecting your information.
GateKrasher™ welcomes your questions or comments regarding this Statement of Privacy.
23 Freys Gin Rd SE,
Marietta, GA 30067, USA
WEST AFRICA OFFICE
17 Akintoye Shogunle Street
Via Obafemi Awolowo way
Ikeja, Lagos, Nigeria
Effective as of September 5, 2018