TERMS & CONDITIONS
Last Updated: 27th March 2024
General Terms and Conditions
These Terms of Use ("Terms") govern your access to and use of our e-scooter sharing service, provided by TREKK, in your communities. By accessing or using our service, you agree to comply with these Terms. Please read these terms carefully. They inform you how TREKK will provide you with its services, how you enter into or terminate the contract, what actions to take in case any problem arises and other useful information.
It is important to note that, when you are riding, you are at a high risk. However, there may be more specific local regulations that you must comply with. Get yourself updated on the TREKK scooters app for more useful tips on how to ride our scooters with maximum safety.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THE SERVICES (AS DESCRIBED BELOW) PROVIDED BY TREKK.
Background
i. Description of Service: These following terms (“Terms”) govern your (hereinafter “ YOU” or “YOUR”) use of TREKK Scooters and Services (“Our Services”) such as, but not limited to: (i) the use of our TREKK Mobile Application (“TREKK App”) following your registration, and (ii) rental of our shared electric scooters (“e-Scooters”), (sometimes collectively referred to as “Scooters”) provided by Trekk Transport Services Limited (hereafter referred to as: “TREKK SCOOTERS”, or in short form as “TREKK”, “WE”, “OUR” OR “US” ) via the mobile APP (collectively “Services”).
ii. Acceptance of Terms: AS OUR ESTEEMED CLIENT, DURING THE REGISTRATION PROCESS FOR OUR MOBILE APP (ANDROID AND IOS) AND WHEN UNLOCKING A SCOOTER FOR USE VIA THE TREKK APP, YOU AGREE TO THESE TERMS CLEARLY OUTLINED, INCLUDING THAT YOU ARE OF A LEGAL AGE TO ENTER INTO BINDING AGREEMENTS. TREKK SCOOTERS ONLY ALLOWS YOU TO USE THE SERVICES IF YOU ACCEPT THESE TERMS, SO DO NOT MAKE USE OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS. WE STRONGLY ADVISE YOU TO READ THOROUGHLY EVERY LINE WITH A FULL UNDERSTANDING OF OUR OPERATIONS. IN ADDITION, YOU ARE ALSO ACCEPTING THAT YOU HAVE THE AUTHORITY AND RIGHTS TO AGREE TO THESE TERMS, WHETHER AS AN INDIVIDUAL OR REPRESENTING A CORPORATE BODY THAT YOU’VE INCLUDED IN YOUR USER ACCOUNT REGISTRATION.
iii. TREKK Incorporation: Trekk Transport Services Limited is a company registered in Nigeria under the Corporate Affairs Commission (CAC) with the company number RC 1740844, and its registered office address is at Plot 660, Oluwatoyin Eleoramo Street, Omole Phase 2, Ikeja, Lagos State, Nigeria.
iv. The Terms and Conditions: These Terms and Conditions govern the use of the TREKK App and its electric-scooter-sharing and rental services contracts entered into using the Trekk App.
v. As a Consumer of our Product and Services, you have certain Consumer Protection rights regarding your use of The TREKK App and your rental of TREKK e-scooters. You can read more about your rights at Consumer Protection Rights. Be ensured that your Legal rights are not affected by these Terms and Conditions, which apply in addition to your legal rights but do not replace them.
Article 1. Terms of Use
We wish to notify our users that Our Terms are subject to regular review, and the new revised versions will be made available on our website and will inform you by email, WhatsApp or any other social media platforms of any such changes, Mobile App or otherwise made available to you directly. The new revised Terms override any previous, or existing versions. We shall in any case notify You in advance of any important revisions and/or changes and/or amendments. We advise that you regularly review these Terms because your continued use of our Services after we make any changes to them constitutes your agreement to those changes. These Terms and Conditions also expressly override any prior agreements or arrangements we may have with you. In an attempt to stop using our Services, we are obliged to terminate these Terms and Conditions or your use of any of our Services or generally cease offering or deny access to any portion of the Services, at any time in our sole discretion.
As the case may be, a University, Private Estate community, or City may have additional terms and conditions that you should be aware of whenever you are using any of our Services - make sure you check regularly on our website for updates to these terms and conditions.
IMPORTANT NOTICE ON PROVISION ON ARBITRATION CLAUSES AS REGARDS TREKK SCOOTERS: THE SATISFACTION OF OUR CLIENTS IS ONE OF THE MAJOR VALUES WE UPHOLD AT TREKK SCOOTERS. HOWEVER, WE WILL IMPLORE YOU TO PLEASE CAREFULLY REVIEW ARTICLE 22 CONCERNING ISSUES ON ARBITRATION, WHICH REQUIRES YOU TO RESOLVE ANY DISPUTES, DISSATIFACTION, OR DISPLEASURE WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. YOUR AGREEMENT TO THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION WORKS.
a. Scooter Usage & Intentions
TREKK Scooters are intended for LIMITED AND SPECIFIC type of use.
You therefore agree that You SHALL NOT:
At any time use our scooter for racing, mountain riding, performing stunts or trick-riding;
Use the scooter for hire or reward of any other form of commercial use like advertising, ride sharing or food delivery;
Operate outside the company’s pre-defined business zone, nor use it to constitute a nuisance to others, unpaved roads, through massive amounts of water (beyond normal urban riding) or operate illegally. As all of these uses can damage and reduce the lifespan of our Products;
Use the vehicle in violation of any law or regulation or the disruption of people’s peace;
Carry passenger(s) on our scooter.
Article 2. Who we are at TREKK
TREKK – “A NEW WAY TO TREK” was founded on the simple idea that all communities, social and economic status, ethnic and religious beliefs, and age; both old and young, deserve access to smart and affordable mobility while keeping the planet safe. Through Our commitment, persistence and hard work, we have been able to turn ideas into reality. In recent years, Africa has experienced a great transition in terms of modern, improved technology and innovation across its different countries. These great transformations mean a lot to us at TREKK, which would in turn facilitate better connectivity of people and places while creating a sustainable energy footprint in the area of urban transportation.
We seek to promote cleaner air, and an affordable and eco-friendly society for Africans starting with our University campuses, Estates and Cities.
Our electric scooters could be offered as dockless (no station) service or as the case may be, provide docking stations or infrastructure, and run on two or three wheels. The principle is based on a scooter-sharing mechanism(rent-to-ride) within cluster communities (closed communities), such as Residential and Industrial Estates, University campuses, and urban centres. For these Terms, we often refer to these as a “Product” or all of them collectively as “Products”. Our Electric Scooter Sharing Services also include our TREKK mobile application (the “App”- Android & IOS), all other related equipment, maintenance, charging, parking zones, promos, our websites, our social media platforms and any other information, technology and services provided or otherwise made available to you in our discretion. Note that our Services may come with additional terms or product requirements, which we will make available at your disposal, relevant Services and they will become part of your agreement with us when you use them.
TREKK is not a traditional transport company under a NURTW or any other Transport union in Nigeria, we only offer our innovative, modern-day transportation services to those who are able, willing and qualified to operate them and have also read and agreed to these Terms.
However, you’re aware that there are other alternative means of public and private transportation such as public mass transit buses, rail, taxis, tricycles, shuttle buses, pedestrian paths and motorcycles (aka, okada/bodaboda) available to you and the general public.
Article 3. TREKK User Account
As a purpose of reminder to all our potential clients, we would like to reiterate that our scooters function only with the help of our mobile App, which can be downloaded on your phone from the “Play Store” (Android users) and “App Store” (iOS- iPhone users).
Create your own TREKK Account: To benefit from our Services, i.e. be a TREKK rider, you need to first associate yourself with us by creating an online account using our TREKK mobile App before you can be allowed to use any of our Services. Each customer may register only once. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, complete and verifiable. Only customers who have properly registered may then use the TREKK Services. There is no automatic right or priority right to registration. During the registration process, you will be required to accept these Terms and Conditions, and provide, in particular, your full name, email address, personal mobile phone, NIN, and valid payment details.
As soon as the registration process is completed successfully, you will have entered into a contract with TREKK for the use of the TREKK App (User Agreement). A copy of the User Agreement may be sent by email. Also, before you hop on any of our scooters to ride, you need a valid debit or credit card or other approved payment method with an expiration date (which is passed to our third-party payment processor – TREKK do not receive or store this information ourselves) or you can as well choose to pre-load your TREKK wallet by choosing from our variety of options.
You may not allow any third parties, including family members or friends to use a TREKK Scooter which you have booked through your user account and may not provide your login details for use by other persons.
b. If you believe that your account has been compromised
i. Change your password immediately; and
ii. Inform TREKK of this incident.
Password Format and Security: To fully enjoy all our Services, We encourage all our users to create a Username or a nickname of their choice and a very strong password (usually at least 8 words including a special character, upper case and a number) and do not share, expose either with anyone. Be aware that your account is personal to you and not intended for anyone else, and you are responsible for all activities, and operations that are carried out under it.
TREKK reserves the right to refuse to enter into a User Agreement or any individual rental contract if it reasonably believes that such individual will fail to comply with these Terms and Conditions.
Kindly bring to our immediate attention, if You suspect any unauthorized transaction (ride) or email/password lost or compromised do not hesitate to Contact Us via our hotlines or send us a message using the App.
Also, We may, at our sole discretion (TREKK) if need be, provide your account details (like billing, account information, content or use records and related information) if required by Law (which may include mandatory data sharing with governments or its agencies), and to protect our rights, customers or business.
Article 4. FRAUD
We affirm our commitment and transparency in discharging our roles to all our customers. As a way to foster a cordial relationship between Us and our clients, with all seriousness and sincerity, both for your protection and ours, you are allowed to use any payment method that you have the legal right to use and that is compatible with our payment platform which you have authorized us to charge the payment incur for your trip(s). However, if by any means we suspect that any information you’ve provided is inaccurate, incomplete, fraudulent, or malicious, we may suspend or terminate your account if and until the issue is resolved. During that time, you will be denied access to some or all of our Services, either temporarily or permanently.
Article 5. TREKK’s Mobile App and Technical Requirements.
In order to use the TREKK App, you must have a web-enabled smartphone that meets the technical requirements of the TREKK APp. Whenever the TREKK App is downloaded and installed, the user’s mobile phone will automatically be checked as to whether it meets those requirements. You are responsible for ensuring that mobile data communications are possible and you shall bear any charges made by your mobile service provider in respect of any data transmission. Additionally, the TREKK App will request you to turn on your Bluetooth and location status and access the camera for connection with the e-scooters to take place. These will also help you locate Our nearby scooter(s), scan the QR code and ride on.
Our mobile App consists of a TREKK wallet (to pre-load credit to ride), ride history, settings and a section to email us or reach out to us via WhatsApp in case you need help. For reservation purposes, we have the right to accept or reject your request to reserve our scooter for any reason whatsoever. For instance, if your reservation via the App is rejected after your request, you’ll receive the applicable refund assuming your payment method was charged at first, but you can always retry at any time. Also, bear in mind that in the case pricing in the App turns out to be incorrect (overcharged or undercharged) for any reason, we reserve the right to cancel or reject a corresponding reservation and will issue you the applicable refund.
Article 6. General Information, Our Services and Safety Precautions
a. General Information
i. Our scooters are limited in amounts of electric Products and they are not always available. You can use a scooter for up to 24 hours per day and 7 days per week. However, we advise you to always keep track of your time of use as we are not in a position to do so for you;
ii. Our Products need to be charged periodically in order to operate, as a result, battery power decreases in function of distance covered over time. This occurs because of weather, the topography of the road, Product type and other factors;
iii. In case the scooter runs out of battery/charge in the course of your trip and, therefore stops operating during your rental of the Scooter, this may imply that you do not get to your desired destination; and
iv. For this reason, You shall terminate the ride in compliance with these Terms of the contract;
v. If an accident occurs because the battery power was exhausted, TREKK shall be liable as stipulated in Article 11
We hold our riders responsible for being sure about the battery level before unlocking and riding our Scooter. Make sure you have sufficient battery level for your trip before unlocking. However, it is our utmost responsibility to keep our Products charged at all times for general use.
b. Safety First! – Helmets and Safety Checks.
To keep safe and alive, we strongly recommend that all riders wear a helmet at all times while using any of our Scooters and/or related equipment, preferably the ones mainly certified by TREKK and which must be the sized, fitted and fastened per manufacturer instructions.
However, TREKK does not represent or guarantee the quality or safety characteristics of any helmet which is not supplied by TREKK, and You agree that TREKK liability for any injury which You suffer in the process of using our Services, whether or not You are wearing a helmet at the time of injury, shall be determined in reference with the provisions of Article 22.
There are no guarantees against personal injury caused by helmets and other protective gear. If the use of a helmet is strictly required by laws, statutory rules or regulations applicable to the communities our Services are operated (University campuses and Estates), so, strict compliance with such laws and regulations is non-negotiable
We would like to reiterate your agreement that we are not responsible for any accident and/or injury caused as a result of your deliberate action of not wearing a helmet.
We do our best to keep each Product in good condition, however, before concluding any individual rental agreement on using our scooter-sharing service, you should still perform a safety check on the scooter before use. These checks include:
i. Making sure you check its general physical conditions (such as the wheels, handlebars, tyres, the deck etc);
ii. Testing the brakes and the lights;
iii. Verifying the condition of the frame;
iv. Checking the battery level on the scooter;
v. Are there any other signs or obvious mechanical damages, in terms of unusual or excessive wear.
It is important to note that, due to heavy usage of our product, we are not ignorant of the fact that something could have happened to the Product since its condition was last examined by our technicians, so, we kindly implore you to report any noticeable damage either physical or mechanical fault to TREKK using our mobile app or Contact Us section of our website.
In addition, if you notice any of these or other issues before, during or after your ride and you feel it poses a threat to your safety, no matter how important the journey is or how short the distance may be either a slight or minor fault, you must not manage to use our Scooter. Track and reserve another scooter near you.
c. TREKK Rules; Prohibited Acts; Weights & Route
We want you and other people around you to have an amazing experience in your community, that is why we have compiled some rules that will guide and keep you safe while riding our Scooters:
For Minor (less than 18 years), our rules and regulations strictly prohibit you from using Our Services. You must be at least 18 and above to use TREKK Scooters;
At all times, when using our scooter, you must be the ONLY user of our Service. Do NOT tandem ride our Scooter (carry passenger) or animals while using our Product. If caught tandem riding, you are subject to a fine of N5,000.00, which may be deducted from your TREKK wallet or your bank account. Additionally, repeat offenders may risk being banned from using our Services.
You must NOT operate any of TREKK scooters while carrying any handbag, briefcase, shuttle bag, or other forms/items if it limits your ability to handle or safely operate our scooter with both hands;
As our client, you must possess some level of competence in order to be able to use our product. Considering your physical ability and your technical know-how in handling our Scooters;
You must inform TREKK without delay of any loss or theft of the mobile phone associated with your user account or of any other circumstances which make it likely that your user account may be used by third parties. In order to prevent misuse, TREKK will then disable access until the matter has been resolved and will inform you via email or through TREKK's dedicated WhatsApp number of the fact that access has been disabled;
A good understanding of the weather is important for all our Scooter users (for instance, your visibility lowers at night and also in the rain). Know that bad weather conditions have a great impact on your safety and you must be able to respond accordingly. You can adapt your speed limit by squeezing the front and rear hand brakes when necessary to ride safely in bad weather conditions;
TREKK Scooters does NOT provide or construct specific place(s), roads or routes to ride our Scooters. Pavements, main roads, pedestrian walkways, and vehicle routes may at any time become dangerous and unsafe as a result of bad weather, traffic or other hazards that are beyond our control. TREKK Scooters has no influence on the foregoing issues;
We assume the routes you choose to ride are your personal choice and are safe, as We don’t mandate routes for our riders;
You must obey all laws at all times, and we also assume You have well familiarized yourself with the applicable laws, statutory rules and regulations of the place in which our Product is being used. However, we will provide safety tips in the form of tutorials on our mobile App and website to guide you also educate you on all local laws governing the use of our scooters on University campuses, Estate and other communities;
We are sure that there will always be a conducive and safe route for you to ride, such as a bike lane, road-sides, or small path, so, exercise caution when riding around cars and other road users - we are not responsible for the actions of riders, pedestrians, or other third parties;
Text messaging, phone usage, portable music players, the use of headsets or earphones or other device that may distract you from operating the vehicles in the right manner is highly prohibited;
You must at no time operate any vehicle in disregard or violation of any applicable laws, statutory rules or regulations stipulated by the University authorities or Estate management or even the State at large. Therefore, ensure you familiarize yourself with these laws or regulations as well, which you must follow when you use our Services. Such regulations might prohibit the use of our scooters in some areas (such as pavements, and designated private car parks), laws against sidewalks, pedestrians etc;
You must NOT try to sit or place a heavy object (heavy bag packs, loads) on the handlebar;
You must NOT exceed the maximum weight/load of 120kg for our scooter;
Do NOT use any external lock, chain, or other locking mechanism other than that provided by TREKK Scooters;
Avoid placing or parking our Scooter in a manner that does not strictly comply with our applicable laws, standard practices, rules and regulations of the company. TREKK has a designated parking zone, seek to always park our scooters properly in these zones;
You must NOT leave a Scooter in a manner or location that is not accessible to us - by doing this, no Scooter is left for others to use. This act may attract a fine which may vary from N10,000 to N50,000 in case we are unable to locate any of our Products due to your actions;
Do NOT attempt to ride our scooter or use any of our Services while under the influence of drugs, alcohol, medications or other dangerous substances that may impair your ability to operate the vehicles safely;
Vandalism is an offence, therefore, do not by any means destroy either as an individual or group of persons (during Aluta, riots or even protest, crisis, manifestation, etc) vandalize our Scooters or try to gain unauthorized access to our Service other than as specified in these Terms.
Article 7. Unlocking, Locking, Reserving an e-Scooter, and Commencing a Ride - Treat Our Products Like They’re Your Own!
a. Proper Use: Unlocking and reserving an e-scooter and commencing a ride.
If You treat our Products with respect, more of them will be available for use and in better condition. Our Products are unfortunately not indestructible, so please take good care of them when they are in your hands. Our scooters have weight limitations – 120 kilograms. Do not carry any load at the front if it obstructs your visibility.
The rental of Our e-scooters is subject to availability in the community. The e-scooters are available only within a pre-defined business community, also called the Business Zone;
You may only unlock Our e-scooters which are designated as available or displayed in the TREKK App within the community. You should note that occasionally an inaccurate GPS signal may result in deviations between the exact e-scooter location and the location shown in the TREKK App;
A specific TREKK e-scooter can be reserved free of charge for a maximum of ten minutes before the start of the ride;
By clicking “Start Ride” in the TREKK App, you will make a binding offer to rent the e-scooter you have reserved. TREKK accepts this offer by releasing the e-scooter for your use and creating a rental contract for that particular ride;
The rental period shall start when the individual rental agreement is made and shall end when the ride is ended.
TREKK may contact you on the mobile phone number registered in your user account, send an email or reach out via WhatsApp if it detects any significant disruptions in your use of a scooter according to its records;
Ending your TREKK Ride: After you get to your destination, and you want to end your ride session, ensure to uprightly park the scooter in a designated parking zone in the community. Follow the steps according to the TREKK app on proper parking;
Riders must educate themselves via the TREKK App about the various zones we have in the community from the Business zone (Green zone), Out-of-business zone (Red zone), No parking Zone - in which parking e-scooter is prohibited, and Low-speed zone;
In case you end your rental outside a Business zone, you are responsible for the costs of transporting the e-scooter back to within the Business zone;
You may terminate the rental via the TREKK App only if the e-scooter is located within the applicable Business zone;
It is impossible to end/terminate a ride without an internet connection so you may need to move the scooter to a different location where an internet connection can be established;
Always ensure your rental session is ended using the TREKK App and confirm again before leaving the scooter;
If you are unable for technical reasons to terminate the rental transaction using the TREKK App you must notify TREKK customer service immediately through our Contact Us session on the website of this fact without unnecessary delay to coordinate further procedures for the termination of the rental with TREKK platform.
b. Reporting Damages/Crashes; Thefts & Fines.
TREKK is obliged to always have first-hand information concerning damaged Scooters, crashes, accidents, personal injury, theft or loss of vehicle shared by You as soon as possible. If any of these happen, resulting in personal injury, property damage, or stolen Scooter, You are mandated to file a statement with the local police department or Chief Security Officer of your community immediately, no later than within 48 hours of the incident;
As the property of TREKK, You agree that You shall return the Scooters to TREKK in the same condition that it was rented. Please note that it is Our responsibility to put our products in the best shape by fixing the wear and tear (including battery discharging during operations);
You bear responsibility for the associated cost to which any damage(s) (accidentally or intentionally) or You fail to properly return it, then damage occurs, losses related to stolen or lost Scooters, if and only if the extent that such theft, damage or loss is your fault. The fine could be as severe as N1,000,000.00 for our electric scooters.
In addition, the same fine as above stated will apply for any Product not returned within 48 hours after the Scooter is unlocked.
In this case, we consider it as lost or stolen and, depending on the extent of the problem caused to our product. We may need to file a police report against you.
Our scooter is considered lost or stolen if the;
The scooter is not returned within 48 hours after it was unlocked by our mobile app;
The GPS option is disabled and can no longer be tracked;
The scooter is parked outside our business pre-defined area. For instance, in a private property, restricted area or in any other non-public domain for more than 2hours after the ride ends;
Scooter is displaced more than 10KM after your rental ends and such movement was not constituted by another rider or authorized third party;
Perceived instances suggest to TREKK Scooters in their reasonable state of mind that a scooter has been lost or stolen.
TREKK also reserve the sole right to take any action against you in line with the Law, which may include holding you liable for the value of the Scooter(s) involved:
You shall be liable for any fines, fees, penalties, impounding charges, tow fees, court costs, traffic tickets, tolls, and/or any other penalties and/or administrative expenses incurred by TREKK as a result of your misconduct either by parking our vehicles improperly or violation of any law, rule or regulation while using our service.
As a reminder, we are in full cooperation with all governmental officials including the Nigerian Police Force in their enforcement of the applicable Laws and Orders, and for expediency, we may bail you out by settling any amounts you owe on your behalf and providing any necessary information requested or required by the applicable government agencies. In this case, we shall hold you responsible for paying us back plus a reasonable administrative fee plus any applicable costs that were linked with third-party collection or agents if we have to use them to resolve the issue. By accepting these Terms, You are agreeing that we may charge appropriately these sums using your preferred payment method indicated in your account, and in the process, we may need to connect with You for additional information or enquiry.
Article 8. Financial Terms and Subscription
a. Pricing & Payment.
Fees: All our customers will have to pay a fee to UNLOCK our scooter and also certain amount will be charged per minute of your ride.Other packages may include that services may be paid for per ride or through our subscription package (subscription could be daily, weekly or monthly) or otherwise, as agreed in accordance with the pricing indicated on TREKK App and or that applies to your community.
Kindly note that our pricing is not fixed permanently, changes in our rates may apply as we deem necessary or appropriate for our business. Fees and other charges deducted may be subject to applicable taxes and local government charges, University management charges, and Estate dues, which may be charged and collected by TREKK. Also, our pricing model is exclusive of taxes such as sales and value-added. TREKK will charge the rider based on their consumptions directly through the credit and/or debit card and/or through any other payment registered on our platform. However, we shall automatically charge and withhold the applicable taxes if required by law. You have the right to view, download and save invoices for your rides through the rent history tab of the TREKK App. We would like our clients to also note that all payments to us are made through a third-party payment gateway or processor in the form of payment accepted by them.
By entering into the TREKK rental contract you confirm that you are entitled to authorize the transfer of the specified account by direct debit.
It’s your responsibility to ensure that your selected method of payment is sufficient to cover payment of the rental fees all through your rental period.
TREKK may also redirect you to complete your payment especially if you don’t have a valid bank card through a bank transfer via our third-party payment platform. However, you must ensure that the email address you pay with matches the registered email address on TREKK’s platform.
Valid Credit card or debit card: To be able to register on our platform and become our authentic rider, all our riders must provide us with a valid and genuine bank card (credit or debit) and the expiration date. You therefore confirm to TREKK that you are the rightful owner and that you are authorized to use the bank card whose details you submit to TREKK at registration.
Dispute: you have the right to open a dispute with TREKK if you disagree with any charges we have made to your account, you must let us know within 10 business days from the end of the month in which the disputed charge was made, stating in full (the name, phone number, email address registered on our platform, date and approximate start and end times of your trip) the reason for the dispute and other supporting documents that could help us treat your complaint faster. The statutory limitation period to your claims remains unaffected.
Refund Policy: As part of our Policy, we do not offer refunds for your use of our Services, and in case of exceptions to this policy are at our discretion. You agree to immediately update your TREKK details as soon as there are changes relating to the bank card.
Vehicle Recovery fee: Rider’s inability to properly return our Scooters to a valid, designated location, for instance, you deactivate the Scooter in a secluded private property, remote community, or any other unreachable areas, and you thereby request our assistance for a pick-up, it is in our sole discretion to decide maybe or not whether to charge you the actual pick-up fee that will be incurred by TREKK (estimated to be around N10,000.00). If any Scooter used under Your account registration is left unused without due, proper notice to TREKK, you shall be responsible for all fees until the scooter is recovered, including the expenses incurred (estimated to be around N50,000.00) to recover the Scooter and confirming the abandonment is your fault.
Promotional Codes: as a way to appreciate our customers, at various times we provide promotional codes, and coupons for discounted trips. These are one-time offers and may ONLY be redeemed only via the TREKK App and we may modify or cancel them at any time. An offering of discounts in the form of promotions is limited to one per user, account and also, they may not be combined with other offers. Please note that discounts are not transferable, non-renewal at expiration and may not be resold in accordance with their Terms.
b. Subscriptions
If available in your community, you may use our Services by purchasing a daily, weekly, or monthly subscription or other promotional pack(s). There are some additional rules about our different subscription plans:
Your subscription will begin on the date your first payment is received, and our third-party payment agent will charge your preferred payment method within 30 days of authorization. Subscription continues for the period You sign up for;
The subscription plan price is the price at the time you opt-in for the offer (however, TREKK reserves the right to change prices over time, and we do not provide price protection or refunds in case of a fall in price or promotional offering). TREKK automatically bills you each period according to the terms of your subscription;
Please note that We may offer a variety of membership plans, such as group riding, campus launch free trials, discounted pricing for a short period or special third-party promotional plans that may have different or additional terms disclosed to you at or before sign-up. Some of these are offered by third parties, and we are not responsible for their products and services. In case of free trials, some debit/credit card companies may place a temporary hold on your payment method for your first payment for proper verifications;
TREKK has the statutory obligation to modify, terminate or otherwise amend any subscription membership plans;
Also, we may terminate your subscription plan for any or no reason on 30 days prior written notice to you. As our client, you may also do the same, but if it’s in the middle of your subscription term, you will not receive a refund for partial months and it may mean you forfeit any membership fee. TREKK may also terminate your subscription if you fail to pay amounts due, or if you are in material breach of these Terms;
Your subscription plan will automatically renew at the then-current prices for the same length of time as your original membership term. It will continue indefinitely unless you cancel it before the end of your then-current subscription term. TREKK pricing and applicable taxes and fees may change over time, so the new, prevailing pricing from one subscription term to the next may be different. We reserve the right to change subscription pricing at any time we deem fit for our operation, but if we do, be sure we will give you notice of such change first (this might be in-app or other electronic communication). If you don’t agree with the new pricing, you are free to terminate your subscription with us;
For payment/subscription dispute, you have 60 days from the day charges appear on your account statement to dispute them – after that, you are deemed to have accepted these charges;
Article 9. Access License
Our Limited Access License to You:
Regarding Rider’s strict compliance with these Terms, TREKK grants Rider a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and make use of the Services or its Content (including the mobile App and our related software and Services) on your mobile devices solely for the use of Our Service. Our license agreement prohibits any resale or commercial use of the Services or our Content. Kindly note that any rights not expressly granted herein are reserved by us and our licensors. Any collection and use of any product listings license do not include, descriptions, or prices; any derivative use of the Services or their contents; any downloading or extraction of account information for the benefit of another merchant; or any use of data mining, robots, cookies, or similar data gathering and extraction tools. Except as expressly allowed herein, the Services and/or any portion of the Services may not be reproduced, recreated, modified, transferred, sold, resold, visited or otherwise exploited for any purpose, nor may you reverse engineer or attempt to crack into our server by extracting the source code of the Services or software without the full knowledge and acceptance of TREKK either through a written consent or any other means allowed. Any unauthorized use automatically terminates the permissions and/or licenses granted by TREKK to You. Desist from any activities that add an unreasonably large load on our Services’ infrastructure, use a robot, spiders, scrapers, or other automated means to access our Services, try to interfere with the working of our product and or services or attempt to bypass any of our lay down security measures to access our Service.
You are prohibited from copying or manipulating the TREKK App via information technology methods. If you are found to have breached or attempted to breach this prohibition, TREKK is entitled to withdraw your access to the TREKK App with immediate effect without prejudice to any other rights and remedies it may have by law.
Article 10. Releases; Disclaimers; Assumption of Risk
We at TREKK provide our Services in their totality using a commercially reasonable level of skill, care and diligence, and as we aim for the highest quality in everything we do, there are certain things we cannot promise of our Services. Your use of our Services is at your own sole risk and the platform is provided to you on an “as is” and “as available” basis.
You accept that You are aware that opting to use any of our services, either our electric scooters, or related equipment involves obvious and non-obvious risks, hazards, and dangers that may result in injury or death to You or others and property damage, and that such risks, dangers, and hazards cannot always be ascertained or predicted nor avoided. You are solely responsible for these dangers, hazards and risks may include but are not limited to the following:
Scooters and other objects;
i. Traffic;
ii. Road conditions;
iii. Weather;
iv. Pedestrians;
v. Vehicles or malfunction;
vi. Failure to follow applicable laws regarding the use and or operation of our vehicles;
vii. Failure to use helmets where mandated by law; and
viii. Acts of negligence or omissions by TREKK, any other Released parties, rider, or third party.
Article 11. Limitation of Liability
As important for this Article 11 and for the purpose of this agreement, when we use the term “Released Parties” in these Terms, means any and all of the; (i) TREKK our affiliates and past or present subsidiaries, parents and their respective owners, managers, directors, officers, affiliates, stockholders, investors, employees, agents, representatives, successors, predecessors, assigns, licensees, attorneys, advisors, sponsors, insurers, auditors, and accountants of TREKK or any of our subsidiaries, any person, firm, distributors, trustees, fiduciary, vendors and third parties with whom we authorize or otherwise partner with to distribute, market or otherwise commercialize the Services, (ii) Towns, Communities, Cities, Estates, Universities and some concerned public entities (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services, (iii) owners and ground lessees of the property (including all of their respective elected and appointed officers, officials, employees and agents) which authorize us to operate any of the Services on its premises, and (iv) to the extent you access the Services using a third party application, website, content, product or service, that third party and all of its affiliates and subsidiaries and each of their respective owners, managers, officers, employees, directors, agents, representatives, successors and assigns.
Also, the provisions in Article 11 apply to the maximum extent allowed by the Law of the Federal Republic of Nigeria.
a. TREKK shall be liable for Losses caused as a result of intent or gross negligence on the part of the company;
b. We will NOT be liable for any damages and or losses (including, without limitation, damages for any consequential loss or loss of business opportunities, contracts or projects, or loss of profits) whatsoever, arising and whether in contract, tort or otherwise from the use of or inability to use our Services, or any of its contents and materials, or form any action or omission taken as a result of using the Service or any such contents. In any event, our liability for any and all proven losses or damages shall in any circumstances exceed the amount paid by You, if any, for accessing this Service;
c. TREKK shall be liable for its negligence caused by a breach of essential contractual obligations by TREKK Scooters, which enables the proper fulfilment of all the phases, clauses, and lines of this Agreement from commencement and the observance of which our Rider may expect. In case of slight negligence;
d. When permitted by the law or code of conduct, the Released parties will not be responsible for lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary or punitive damages. However, to the extent permitted by law, the total liability of the Released parties for any claims under these terms, including for any implied warranties, is limited to N100,000.00. In all cases, TREKK shall be liable only up to the amount of the typical, foreseeable damage;
e. The above-stated limitation of liability and exclusion in articles 11(a) up to 11(d) does not apply as in the case of fraudulent concealment of defects or liability for claims based on the Nigeria Acts on Liability or even negligence on the part of TREKK’s officers or executives, so also, TREKK’s products are machines which uses motor and lithium battery, therefore, there is inherent risk and danger associated with using them, also, they can malfunction no matter how often they are maintained, these dangers are not always obvious, and they may cause property damage, injury to the body, life, health or even death to you or others, you agree that you understand these risks, that it is your responsibility to be vigilant and use our services safely and that the entire risk arising out of your use of the services is your responsibility;
f. TREKK shall therefore be liable for initial defects in vehicles only in the event of fault (mechanical and or related) and in accordance with the limitations set out above;
g. Exclusions or limitations of TREKK Scooters’ liability written under these Terms shall also apply to TREKK’s representatives, employees, and vicarious agents;
h. TREKK’s obligations and rights based on guarantees as to the quality and durability of Our vehicles shall not be limited by the provisions 11(a) to 11(g).
Article 12. Indemnity
You agree to indemnify, defend, and hold TREKK and the Released Parties completely harmless from and against any claims, actions, costs, losses, damages, liabilities, and expenses (including reasonable legal fees and court costs) generated from your failure to:
Update your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, or the violation is based on your fault;
Your violation of any Federal, State, or Local Law, Regulation, or ordinance provided and to the extent that the failure to update the information;
Your breach or violation of any of these Terms or any applicable law;
Any of the Released Parties’ use of your content;
Your violation of the rights of any third party.
The Released Parties reserve the right to assume the exclusive defence of any of the foregoing, and you agree not to settle any of the foregoing without the applicable Released Parties’ prior written consent.
This does not apply if and to the extent that the failure to update the information, the provision of a telephone number that is not your own or the violation is caused by TREKK, in which case TREKK shall be liable in accordance with Article 11.
Article 13. Your Personal Information
TREKK assures You of maximum safety and upholds the best practices while dealing with your personal information. All personal information obtained by TREKK scooters would be treated with a high level of confidentiality. The collection and use of your personal information in connection with our Services is outlined in our Privacy Policy. We and/or our third-party operators verify and monitor the location, and battery charge (for our scooters), and as a result, we may collect information regarding your use of the Services, subject to our Privacy Notice.
Article 14. Text Messages and Telephone Calls
You agree that:
i. Telephone calls to or from TREKK may only be monitored and recorded with the consent of our caller. By providing us with your phone number and agreeing to Article 11, unless you otherwise stipulated, you have authorized us to contact you either by a telephone call, WhatsApp, MMS, SMS or text at the phone numbers you have provided to us, including for clarifications, promos, and/or even marketing purposes. Consent is completely voluntary for all our callers.
ii. You may opt out of receiving telephone calls, SMS or text messages from us at any time, either by texting the word “STOP” in response to a text message received from us using the mobile device that is receiving the messages, or by contacting us using info@trekkscooters.com, or by calling our Customer Service via WhatsApp 07030174991; that You are the current subscriber or owner of any telephone number that You provide to us on Our platforms.
iii. In case any of Your contact information changes, you agree to notify us immediately via the contact details specified in Article 23.
iv. That you receive recorded voice messages and /or auto-dialled calls or text messages related to your account with TREKK, any transaction with us, and/or your contractual relationship with TREKK Scooters.
v. Telephone calls may include but are not limited to; updates on our platforms and service, extra information on your account with us, verification codes, changes to your account, information about tour wallet and rental;
vi. You also accept that you may be charged by your telephone network operator in connection to calls/SMS to or from us, which we are not responsible for; that any contact information provided to TREKK may include, but is not limited to, your name, matriculation number, house number, email address, and mobile telephone number, is true and accurate to the best of your knowledge.
Article 15. Ownership and Copyright
TREKK e-scooter sharing Services are our exclusive property, and your use of them does not transfer any ownership rights to you.
All of Our contents featured or displayed on the Services such as but not only limited to texts, images, photographs, animated images, sounds, graphics, and other illustrations (“CONTENTS”), are solely owned by as the case may be, TREKK, Released parties and/or content providers. Therefore, using our Services does not give you ownership of any intellectual property rights in our Services or the content you access, and except for the limited license granted to you above, all rights therein (including all intellectual property) are strictly reserved by TREKK or our licensors.
All elements of our Services, including, with restrictions, the general design and the content, may be protected by trade dress, moral rights, trademark, copyright and other laws in relation to intellectual property rights. Since protected, Our Services should be strictly used for the sole purpose for which it was made available. Also, these Terms forbid you to use any trademarks, branding or logos used in our Services or otherwise, including in any advertising or publicity or to imply our endorsement in any way.
Modification of any of the materials and copying, distribution, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring or selling any information or work contained on the Services as far as allowed under statutory applicable copyright law. You must always take permission before attempting to reuse any material under the copyright agreement that is available on the Services in accordance with the statutory applicable copyright law. Strict compliance with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Services is advised.
Article 16. Content Provided by You
a. Use of Suggestions: You acknowledge and agree that any questions, comments, suggestions, reviews, testimonials, ideas, feedback, or other information provided by you to TREKK (Collectively, “FEEDBACK”) are not confidential and you hereby grant to TREKK a worldwide, irrevocable, perpetual, royalty-free license to reproduce, display, perform, distribute, public, modify, edit other otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
You may at times be invited to submit content to us (like a comment to a blog post, to participate in our communities or to provide user tips). You retain ownership of this content but we ask that you make sure you have the right to submit it to us in the first place, because when you submit it, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute it as well as your name, voice and/or likeness if also submitted (like if you take a selfie when using a Product). This license continues even if you stop using our Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you. Any content you submit is deemed non-confidential.
b. Undertakings: You hereby agree that you will NOT use our Services and or submit any content that is defamatory, unlawful or illegitimate purpose, libellous, hateful, violent, obscene, pornographic or otherwise offensive (we will be the judge of whether your content meets any of these descriptions). The same goes for “spam” or unsolicited advertising. We have the right to review, monitor or remove your content at any time for any reason without notice.
Article 17. Third-Party Services and Content
TREKK Services may be made available or accessed in connection with services and content (including advertising) controlled by third parties with different terms of use and privacy policies. We don’t endorse these third-party services and content and we are not responsible or liable for any of their products or services. In addition, Apple Inc., Google Inc., Microsoft Corporation and/or BlackBerry Limited will be a third-party beneficiary of these Terms if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these applications or devices is subject to terms outlined in their respective terms of service and privacy policies.
Article 18: Trademarks
All trademarks, service marks and trade names of TREKK and TREKK Scooters used in these Terms (including, but not limited to: TREKK’S name, corporate logo and/or any logos, slogans, patent) (collectively “Marks”) may be trademarks or registered trademarks of TREKK Scooters or its Affiliates, partners, vendors or licensors, Released Parties. As far as these are so protected, You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity about the distribution of materials on the Services, without TREKK’S Scooters prior written consent. You shall not use TREKK’S Scooters name, any of the Marks or any language, pictures or symbols which could, in TREKK’S Scooters reasonable judgment, imply TREKK’S Scooters endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or any other written material, without TREKK’S Scooters prior written consent.
Article 19: Breach of Terms of Use, Termination and Suspension
a. Breach of Terms of Use
without prejudice to our other rights under these terms, if we reasonably suspect that you have breached these Terms and conditions in any way, we shall:
i. formally send you a written warning to this effect;
ii. temporarily suspend your access to our Services and Platform;
iii. permanently prohibit your access to all our Services;
iv. block your total access to our Services;
v. Start a legal action against you, whether for breach of contract or otherwise;
vi. Suspend or delete your account from all our Services and platforms.
b. Termination and Suspension
i. In the event of any breach of this Terms of Use, TREKK shall have the right to suspend or eliminate all or a portion of Our Services to you in our discretion or restrict your access to our Platform. TREKK reserves the sole right to revoke, terminate or suspend any privileges associated with accessing the Services for any reason (including regulatory instruction) or for no justifiable reason as the case may be. Prior notice will be issued in case TREKK decides to revoke or suspend privileges associated with your TREKK account.
ii. Termination of your access from Our Services shall be without prejudice to any payment or sum due to you as at the date of termination or suspension of your TREKK account resulting from breach of this Terms of Use.
iii. If at any time you wish to close your TREKK account, you may do so by contacting TREKK customer service through the contact details provided in Article 23 or just follow the steps provided on our page on the TREKK App. In the event of an abrupt request closure of your account before the end of a sponsorship cycle, TREKK shall be at liberty to charge or deduct any assessed charges, costs, taxes, and any assessed damages (where applicable) before the refund of any sum due to you. Unless otherwise specified and agreed, you shall remain obligated to pay all outstanding charges, if any, relating to your use of Our Services before such closure request.
Article 20: Data Network Access and Devices
You are responsible for obtaining the data network access necessary to use TREKK Services. Note that, your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device.
You are responsible for acquiring and upgrading compatible hardware or devices necessary to access and use the Service (including the App) and any updates thereto.
TREKK does not guarantee that the Service, or any portion thereof, will function on any particular hardware, operating system or devices. Also, the Service may be subject to bugs, malfunctions and delays inherent in the use of the Internet and electronic communications.
Article 21. General
These Terms will be governed by and construed in accordance with the laws and orders of the Federal Republic of Nigeria, without regard to its conflicts of law provisions. You may not assign these Terms without our prior written approval. Bear in mind that we may assign these Terms without your consent to a related or affiliated entity or in the event of a buyout of all or substantially all of our assets, stock or business, or to a successor by merger. Any purported assignment in violation of this paragraph is void. Know that, no form of joint venture agreement, partnership, employment or agency relationship exists between you and us as a result of these Terms or your use of our Service. In any case, if any provision of these Terms is held to be non-valid or unenforceable, that provision shall be struck and the remaining provisions shall be upheld and enforced to the fullest permissible under the law. However, our failure to enforce any right or provision in these Terms shall not amount to a waiver of such right or provision unless we acknowledge and agree to it in writing, and it is not a waiver of our right to do so later. This provision will not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Force majeure events may prevent us from providing the Service such as epidemics, war, strike, riot, crime etc. Note that when we say “include” or “including” throughout these Terms, we mean “including, but not limited to” but do this for ease of reading. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Service will survive.
Article 22. IMPORTANT NOTICE ON PROVISION ON ARBITRATION CLAUSES AS REGARDS TREKK SCOOTERS
Before bringing a formal legal case, please first try contacting our Customer Support. Most disputes can be resolved that way.
a. We each mutually agree to resolve any justiciable dispute between us exclusively through final and binding arbitration instead of filing a lawsuit in court. This arbitration provision is governed by (the Fast Track Rules) then such disputes shall be settled in accordance with these Fast Track Rules. These Fast Track Rules are supplemental to and should be read in conjunction with the LACIAC Arbitration Rules. Where a conflict arises between the LACIAC Rules and the Fast Track Rules, the Fast Track Rules will apply. Reference below to this ‘article’ shall be to the provisions of the LACIAC Arbitration Rules. And will apply to any and all claims arising out of or relating to your access or use of the Services, any communications advertising or marketing by or regarding us or the services, any products or services sold or distributed through the services that you received as a consumer of our services, any aspect of your relationship or transactions with us, any of our actual or alleged intellectual property rights, and all other aspects of your relationship with us, past, present or future, whether arising under federal, state or local statutory and/or common law (collectively, the ‘’Dispute’’) We each also expressly agree that this Agreement will be governed by the LACIAC Arbitration Rules even in the event you and/or we and/or these Terms are otherwise exempted from the LACIAC Arbitration Rules, any disputes in this regard shall be resolved exclusively by an arbitrator, and Cap C28 LFN 2004 Rules governing arbitration agreements will apply.
b. Class Action Waiver. We each mutually agreed that by entering into this agreement to arbitrate, we both waive our right to have any dispute or claim brought, heard or arbitrated as, or to participate in a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (‘’Class Action Waiver’’). In any case in which (i) the dispute is filed as a class, collective or representative action and (ii) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable and that only LACIAC Arbitration Rules shall apply. All other disputes with to whether this Mutual Arbitration provision is unenforceable, unconscionable applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
c. Except as provided in the Class Action Waiver, the arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as applicable.
d. Except where arbitration is required above or concerning the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in the State or Federal High Court in Nigeria. Accordingly, we each mutually consent to the exclusive personal jurisdiction and venue of such Courts for such matters. The award issued by the arbitrator may be entered in any court of competent jurisdiction.
e. This Mutual Arbitration provision will survive any termination of your relationship with us.
f. This Mutual Arbitration Provision is the complete agreement relating to the resolution of disputes covered by this LACIAC Arbitration Rules. The provisions of these rules can be amended only by our mutual written agreement. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder or clauses of this Mutual Arbitration Provision will be enforceable in accordance with the LACIAC Arbitration Rules.
Article 23. NOTICE/CONTACT INFORMATION
In the case of any complaints or serve notices of dispute or any other notification, please contact us at:
Plot 660, Eleoramo Oluwatoyin Street, Omole Phase 2, Lagos, Nigeria
Email: info@trekkscooters.com
Contact Number/WhatsApp: (+234) 703-017-4991
Article 24. RIDER ACCEPTANCE OF AGREEMENT
I certify that I have read and expressly agree to the terms and conditions relating to Releases; Disclaimers; and Assumption of Risk, and I acknowledge that this section limits my legal rights and remedies. I intend my assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law. I represent and certify that I am familiar with the operation of the Vehicle, and am reasonably competent and physically fit to ride the Vehicle.
I certify that I am the Rider, I am 18 years old or over, I will wear a helmet where required by law, I will not ride a TREKK Scooter with another occupant, I will obey all traffic laws, I will ride at my own risk, and I have read and expressly agree to the terms and conditions outlined in this Agreement.
RIDER’S PLEDGE
I solemnly PLEDGE to TREKK SCOOTERS that:
i. I am 18years of age or above;
ii. I will always Wear a helmet for maximum safety and protection;
iii. I will always verify that the scooter is in good condition before riding;
iv. I have a valid National ID, International passport, voters’ card or school ID card;
v. I will be the ONLY rider at a time (no passengers);
vi. I will not drink alcohol and ride a TREKK scooter;
vii. I will ride with prudence and use cautions while riding at night;
viii. I will not use my mobile phone (call or text) and ride TREKK;
ix. I will always give priority to other road users where there’s no traffic instruction;
x. I am aware of cars, bicycles and pedestrians at all times;
xi. I will abide by all traffic laws in my area.
