Article 1: Purpose

 

The purpose of these general conditions of use is to define the terms and conditions under which Fix iT Engineering makes available its mobile application “Kunshi Livraison”, and the services available for the benefit of the User.

 

By checking the box "I agree with the Terms of Use & Privacy Policy and I accept them", you confirm that you accept without condition or reservation all of these T&Cs defined below. Checking this box constitutes proof that you have read the said provisions and will constitute irrevocable acceptance of these T&Cs.

 

Any use and/or access to the Application must be done in compliance with these T&Cs. You may only access the Service if you accept these T&Cs. If you do not wish to accept these T&Cs, we ask that you do not access the Application.

 

As a User of the Application, you acknowledge that you have the skills and means necessary to access and use the Application.

 

Article 2: Definitions

 

The terms beginning with a capital letter within the present, whether used indifferently in the singular or the plural, will have the meaning given to them below:

• “Customer”: any person (natural or legal adult) using the application to place orders.

 

• “Deliverer”: any person (adult or legal entity) using the application to make deliveries.

 

• “User”: means a Customer or delivery person using the Application and who has accepted these T&Cs.

 

• “Application”: means the mobile application called “Kunshi Livraison” published and provided by FiTE, providing access to the Services, which is available free of charge in “Google Play Store” to be downloaded by the customer or delivery person on their Android terminal.

 

• “CGU”: means these general conditions of use of the Application. 

 

• “Verification code”: personalized code sent to the customer or delivery person which allows them to activate their account during the first visit.

 

• “Collection”: Collection or pick-up involves collecting the package from the sender.

 

• “Delivery”: Delivery consists of delivering the package to the recipient.

 

• “OTP Code”: personalized code sent to the customer which allows the delivery person to verify their identity during a collection or delivery.

 

• “FiTE”: means the company Fix iT Engineering, supplier of the delivery application.

 

• “Customer Area”: means a personal, free and secure area, dedicated to any Customer or delivery person, accessible at any time on the Application.

 

• “Push notifications”: these are alert messages sent to the User. They are sent and are reported to the User even if the previously installed Application is closed. The User must accept the receipt of “notifications” in the settings of their mobile terminal

 

• “Services”: means the various functionalities offered by Kunshi to its Customers.

 

• “Site”: the Kunshi website accessible at the following address: www.kunshi.tech

 

• “User”: means a Subscriber using the Application and who has accepted these T&Cs.

Article 3 - Description of the Application

 

The purpose of the Application is to allow the User to access services relating to parcel delivery and to receive Notifications.

 

The main Services offered are as follows:

• Registration for a personalized Kunshi account called “Customer Area”, a personal, free and secure space;

 

• Creation of delivery orders or draft orders, payment of orders as well as their tracking throughout the process;

 

• Discussion between customer and delivery person.

 

• Kunshi's Offerings and Services; Unless expressly provided otherwise, any new features that enhance or augment one or more existing services or any new services launched by Kunshi will be subject to these Terms of Use.

Article 4 - Access to the Application

 

To access and use the Application, the User must have a compatible mobile terminal (smartphone or tablet) and access to the Internet. The Application can be downloaded free of charge from the “Google Play Store” platforms on mobile terminals with one of the following operating systems:

• of the Android® OS operating system in its versions from 5 to 13;

The Application software version may be updated periodically to add new features and services.

 

Article 5 - Financial conditions

 

The Application is offered free of charge to Users, excluding subscription costs with the mobile telephone operator, excluding costs, fees, subscriptions, and/or taxes, for connection, hardware, software and access to the Internet and/or mobile network and excluding any additional costs charged for loading data. The User is solely responsible for the proper functioning of his/her computer equipment and his/her access to the Internet.

 

However, orders are invoiced and payable by means of payment integrated by I-PAY MONEY (Airtel Money, Moov Money, Alizza and by credit card). The order pricing is based on:

• the distance traveled

 

• the value of the package

 

• basic delivery charges

Kunshi reserves the right to modify prices.

 

Kunshi reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Application, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

 

Article 6 - Access to Services and activation of the Customer Area

 

After downloading the Application on his mobile terminal, the User activates his Customer Area or identifies himself, by following the instructions that he will find on the Application. To access the Application, the User must activate his Customer Area using a code provided by the application. Once the Customer Area is activated, the User will be able to access his Customer Area at any time using his Username and Password. The username and password are confidential, personal, non-transferable and non-transmissible. The User is responsible for their management, conservation and the consequences of their use. It is up to him to take the necessary measures for their protection and conservation. Kunshi cannot be held responsible for any fraudulent use. Also, the User acknowledges that he is presumed to be the User of his "Customer Area" and responsible for the actions undertaken via "Customer Area" and on "Customer Area". Once the activation and/or identification procedure is completed, the User returns to their Customer Area and can benefit from all the Services of the Application and receive Notifications.

 

Article 7 - Availability of the Application

 

Kunshi undertakes to make its best efforts to secure access, consultation and use of the Application and these Services, as long as it is available on mobile application download platforms. The Application is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of Kunshi and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Application. Maintenance interventions may be carried out without prior notice to Users.

 

Article 8 - Liability and guarantee

 

Kunshi and its contributors make every effort to ensure that the information displayed on this Application is accurate and up to date, reserving the right, at their sole discretion, to modify the content or any element at any time and without notice. However, they cannot guarantee that this information is complete, nor that it will not be modified by a third party (hacking, viruses). Any dated information published on the application is valid only for the specified date.

 

The Application is provided "as is" and "as available" without any warranty whatsoever. It is the User's responsibility to take all appropriate measures to protect their own data and/or software stored on their computer and telephone equipment against any damage. The User declares that they are aware of and accept the characteristics and limitations of the Internet network and, in particular, the functional characteristics and technical performance of the Internet network; problems related to connection and/or access to the Internet network and/or websites; problems related to network availability and congestion; problems related to network failure or saturation; problems related to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data; risks of interruption; lack of protection of certain data against possible misappropriation or hacking; risks of contamination by possible viruses circulating on said networks, etc. for which Kunshi cannot be held liable.

 

Kunshi cannot be held responsible (directly or indirectly):

• in the event of any defect, loss, delay or error in the transmission of data which are beyond its control;

 

• in the event of any delay, error or omission in the Content of the Application;

 

• from sending messages and/or data to a false, incorrect or incomplete address;

 

• if data does not reach it, for whatever reason, or if the data it receives is illegible or impossible to process;

 

• in the event that the User is unable to access or use the Application and/or these Services for any reason whatsoever;

 

• if for any reason the connection should be interrupted;

 

• in the event of unavailability of the Application, lack of updates, maintenance operations, occurrence of bugs, breakdowns, display or download errors or lack of speed of the Application.

 

• in the event of external intrusions, the presence of computer viruses in the User's system, the possible consequences of a total or partial alteration of the operation of the Application due to improper use or hacking of the Application.

Furthermore, Kunshi declines all responsibility in the event of misuse of the terminal and/or incidents related to the use of the terminal when using the Application. Kunshi may not be held responsible under any circumstances for any damage, of any nature whatsoever, caused to Users, their terminals, their computer and telephone equipment and the data stored therein, nor for any consequences that may result from this on their personal, professional or commercial activity.

 

It is also recalled that the secrecy of correspondence is not guaranteed on the network and that it is up to each Internet User to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.

 

The User expressly agrees to download and use the Application for a legitimate purpose, and for personal and non-commercial use. No use or misappropriation is authorized, in particular for purposes contrary to public order and morality. Kunshi disclaims any liability in the event of use of the Application not in accordance with these T&Cs.

 

Article 9 – Intellectual property

 

The Application is governed in its entirety by the legislation applicable in Niger relating to copyright, trademark law and, in general, intellectual property.

 

Kunshi is a custom integration of the MightyDelivery project. Kunshi is therefore the exclusive owner of all intellectual property rights relating to the Application and its Content. The Kunshi brands and logos appearing on the Application are registered trademarks. Any reproduction or representation in whole or in part, alone or integrated with other elements without the express, prior written permission of Kunshi is strictly prohibited.

 

The general structure, software, texts, images, sounds, videos, know-how, animations, and more generally all information and content appearing in the Application, are the property of Kunshi or are subject to a right of use or exploitation. These elements are subject to the legislation protecting copyright.

 

Any representation, modification, reproduction, distortion, total or partial, of all or part of the Application or its content by any process whatsoever, and on any medium whatsoever would constitute an infringement.

 

None of the provisions of the T&Cs may be interpreted as a transfer, assignment, sale, concession, license, loan, rental, authorization or right of exploitation, license to use the brands, logs or photographs granted directly or indirectly by Kunshi for the benefit of the User on the Application and/or the Services.

 

The databases appearing, where applicable, on the Application are protected by the provisions relating to the legal protection of databases. As such, Kunshi expressly prohibits any reuse, reproduction or extraction of elements from these databases. Unauthorized reuse, reproduction or extraction engages the responsibility of the user. In the event that you wish to use one of the contents of the Application (text, image, etc.), you must obtain the express, prior written authorization of Kunshi, by writing to the address indicated in the legal information or by sending an email via the “Contact us” features.

 

Article 10 - User Obligations

 

The User expressly undertakes:

• not to reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form;

 

• not to use any software or process intended to copy the Content without the prior written permission of Kunshi;

 

• not to carry out any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or reverse engineering of all or part of the Application, Services and/or Content;

 

• not to export the Application, nor merge all or part of the Application with other computer programs;

 

• not to make short quotes, analyses and reproductions intended for press reviews or other uses expressly authorized by law within the limits and conditions set by the latter and subject in particular to citing the name of the authors and the editorial source;

 

• to expressly refrain from using software or devices likely to disrupt the proper functioning of the Application, nor from taking any action likely to impose a disproportionate burden on Kunshi's infrastructure;

 

• not to extract or reuse, including for private purposes, without prior written authorization from Kunshi, a substantial or non-substantial part of the content of the databases and archives constituted by the Application;

 

• not to implement systems likely to hack the Application and/or the Content in whole or in part, or likely to violate these T&Cs;

 

• to inform Kunshi as soon as it becomes aware of an act of piracy and in particular of any illicit or non-contractual use of the Application and/or the Content regardless of the method of distribution;

 

• not to sell, rent, sublicense or otherwise distribute the Application and/or the Content to third parties.

Article 11 – Protection of personal data

 

As part of the use of the Application, Kunshi, in its capacity as Data Controller, processes the Personal Data of Users. This processing is carried out in accordance with the provisions of HAPDP of Niger.

 

Article 12 – Respect for privacy

 

As a User of the Application, you are required to comply with applicable legislation, and in particular the provisions of the law relating to information technology, files and freedoms, the violation of which is punishable by criminal sanctions. In particular, you must refrain from any collection, any misuse, in particular of the personal information to which you access, and in general, from any act likely to infringe the privacy, honor, sensitivity, brand image, or reputation of any natural or legal person, and in particular of Kunshi, by avoiding any mention, message, or text that is defamatory, provocative, malicious, denigrating or threatening on any medium whatsoever.

 

Article 13 - Evolution of the T&Cs

 

The applicable T&Cs are those in effect on the date of connection and use of the Application by the User. The T&Cs are applicable to any User of the Application and Services. The User is invited, on each visit, to carefully read the T&Cs which are accessible by hyperlink on the home page of the Application. Kunshi reserves the right to modify, at any time, all or part of the provisions of the T&Cs without prior notice or information to Users in order to adapt them to developments in the Services, technical, legal or jurisprudential developments or when implementing new functions. Any modifications made by Kunshi to the T&Cs will be brought to the attention of Users by simply posting them online. They are deemed to be accepted without reservation by any User who accesses the Application after said posting. Kunshi therefore invites all Users to regularly consult the T&Cs. Any new function integrating new techniques or new characteristics improving the quality of existing Services will also be subject to these T&Cs, unless expressly provided otherwise. In the event of disagreement with the modifications to the T&Cs, the User has the option to deactivate his account and no longer use the Application.

 

Article 14 - Contact

 

Any questions relating to the Application and/or the Services should be addressed, specifying your contact details:

• by email to [email protected]

 

• by phone: +227 88 86 85 00.

Article 15 - Applicable law – attribution of jurisdiction

 

The official language of the T&Cs is French. In the event of translation, only the French version of the T&Cs will be authentic. Both the Application and these T&Cs are subject to the law applicable in Niger regardless of the place of use. In the event of a dispute, the parties will attempt to settle the dispute amicably. Failing that, they will bring their dispute before the courts of Niamey.