Carviva Autocare Service

Terms and Conditions

CARVIVA FUEL WALLET APPLICATION AND CARVIVA MOBILE APPLICATION END-USER LICENSE AGREEMENT

THIS AGREEMENT is dated 3rd March, 2023

PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APPThis end-user licence agreement (EULA) is between you (End-user) and CARVIVA TECHNOLOGIES LIMITED of HUB 43, CMD Road, Lagos, Nigeria (Licensor, us or we) for the entire suite of CARVIVA mobile App & Fuel Wallet web application software services (App);For our CARVIVA Mobile App, we license to you based on this EULA and subject to any rules or policies applied by the Google Android application store from whose site, located at https://play.google.com/store/apps (Playstore)

Important notice:

A. By creating a Fuel Wallet account, Downloading the Carviva Mobile App from the Playstore or clicking on the "REGISTER" button on the Fuel Wallet portal, you agree to the terms of the licence.B. If you do not agree to the terms of this licence, we will not license the App to you, and you must stop downloading or registering on the Fuel Wallet platform now.C. You are entitled to print a copy of this EULA for future referenc

Agreed terms:

1. Acknowledgements:

The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.We may change these terms at any time by sending you an SMS/ email notification with details of the change or notifying you of a change when you next start the App or login to your Fuel Wallet dashboard. The new terms may be displayed on-screen, and you may be required to read and accept them to continue your use of the Services.From time-to-time updates to the Carviva App may be issued through the Playstore. Depending on the update for the Mobile App, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in 2.2(a) (Devices) and to download the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

2. Grant and scope of licence :

In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.You may:(a) download or stream a copy of the App onto an Android device and to view, use and display the App on the Devices for your personal purposes only; and(b) use the Documents for your personal purposes only.

2. Licence restrictions :

Except as expressly set out in this EULA or as permitted by law, you agree:(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:(i) is used only for the purpose of achieving inter-operability of the App with another software program.(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and(iii) is not used to create any software that is substantially similar to the App.(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App.(f) to include our copyright notice on all entire and partial copies you make of the App on any medium.(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.

4. Acceptable use restrictions :

You must:(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system.(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service.(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

5. Intellectual property rights :

You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.You acknowledge that you have no right to have access to the App in source-code form.

6. No warranty or support :

You expressly acknowledge and agree that use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.To the maximum extent permitted by applicable law, the App and Documents and Services are provided "as is" and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App or Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorised representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.

7. Limitation of liability:

You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to GBP30. This does not apply to the types of loss set out in condition 7.47.4.Nothing in this EULA shall limit or exclude our liability for:(a) death or personal injury resulting from our negligence.(b) fraud or fraudulent misrepresentation; and(c) any other liability that cannot be excluded or limited by English law.

8. Termination:

We may terminate this EULA immediately by written notice to you:(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and(c) on thirty days’ notice.On termination for any reason:(a) all rights granted to you under this EULA shall cease;(b) you must immediately cease all activities authorised by this EULA;(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.

9. Communication between the parties :

If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at hello@thisummah.com, we will confirm receipt of this by contacting you in writing, normally by e-mail.If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you provide to us in your request for the App.

10. Events outside our control:

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.

11. Other important terms :

We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.You may only transfer your rights or obligations under this EULA to another person if we agree in writing.If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.Please note that this EULA, its subject matter and its formation, are governed by Nigerian law.In the event of any allegation of breach or question of interpretation relating to the Agreement or any other dispute in respect thereof the parties shall meet and negotiate in good faith to settle the matter amicably. If the parties are unable to settle the matter by Negotiation, within 30 (thirty) days of the declaration of such dispute, then, upon notice by either party to the other, the disputes, claims, questions or differences shall be referred to confidential mediation. Failing the ability of the parties to resolve the dispute through mediation, the dispute shall be submitted to arbitration. The arbitration proceeding shall be conducted in Lagos, Nigeria in English language and shall be governed by the Arbitration and Conciliation Act, Cap A18 Laws of the Federation of Nigeria, 2004 or any replacement thereof. The Arbitral Tribunal shall consist of a sole Arbitrator to be appointed mutually by the parties or failing which, by the Chairman, Chartered Institute of Arbitrators, UK (Nigeria Branch). The Arbitral Tribunal shall resolve the question submitted, award the relief to which each party may be entitled and allocate the costs of arbitration. The arbitration award issued by the Arbitral Tribunal shall be, final and binding on the parties, and fully enforced by any court having jurisdiction over the necessary party or its assets.

This agreement has been entered into on the 3rd day of March, 2023.

CARVIVA PRIVACY POLICY

Effective date: 2023-03-03

By viewing mycarviva.com websites or downloading Carviva App, you agree to the terms of this Privacy Policy. Please do not download the app or use mycarviva.com website if you do not agree to these privacy policy terms. Carviva Technologies Limited reserves the right to change the Privacy Policy from time to time. Your use of this site will be subject to the most current version of the Privacy Policy at the time of such use.

1. Introduction

Welcome! Carviva Fuel Wallet and Carviva Mobile Application are operated by Carviva Technologies Limited (CTL) CTL (“us”, “we”, or “our”) is responsible for service platforms such as Carviva Mobile App, Carviva Fuel Wallet; fuelwallet.mycarviva.com and mycarviva.com website (hereinafter referred to as “Service”). Our Privacy Policy governs your visit to fuelwallet.mycarviva.com, mycarviva.com and the use of Carviva Mobile App, and explains how we collect, safeguard, and disclose information that results from your use of our Services. We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).

2. Definitions

SERVICE means the fuelwallet.mycarviva.com, mycarviva.com website and Carviva App operated by CTL.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated using Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines purposes for which and the way any personal data are, or are to be, processed. To this Privacy Policy, we are a Data Controller of your data.
DATA PROCESSORS (OR SERVICE PROVIDERS) mean any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data. THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

3. Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

4. Types of Data Collected

Personal DataWhile using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

Email address
First name and last name
Mobile Phone number
Country, country phone code and City
Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.Usage DataWe may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.Location DataWe may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.Tracking & Cookies DataWe use cookies and similar tracking technologies to track the activity on our Service and we hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.Examples of Cookies we use:

Session Cookies: We use Session Cookies to operate our Service.
Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
Security Cookies: We use Security Cookies for security purposes.

Other DataWhile using our Service, we may also collect the following information: sex, age, date of birth, telephone number (work, mobile)

5. Use of Data

Carviva uses the collected data for various purposes:

to provide and maintain our Service.
to notify you about changes to our Service.
to allow you to participate in interactive features of our Service when you choose to do so.
to provide customer support.
to gather analysis or valuable information so that we can improve our Service.
to monitor the usage of our Service.
to detect, prevent and address technical issues.
to fulfil any other purpose for which you provide it.
to carry out our obligations and enforce our rights arising from any contracts entered between you and us, including for billing and collection.
to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.
to provide you with news, special offers and general information about other goods, services, and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
in any other way we may describe when you provide the information.
for any other purpose with your consent.

6. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

7. Transfer of Data

Your information, including Personal Data, may be transferred to and maintained on computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside Nigeria and choose to provide information to us, please note that we transfer the data, including Personal Data, to Nigeria and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. Carviva will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

8. Disclosure of Data

We may disclose personal information that we collect, or you provide:

Disclosure for Law Enforcement: Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
Business Transaction: If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
Other cases. We may disclose your information also:
to our subsidiaries and affiliates.
to contractors, service providers, and other third parties we use to support our business.
to fulfil the purpose for which you provide it.
for the purpose of including your company’s logo on our website.
for any other purpose disclosed by us when you provide the information.
with your consent in any other cases.
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

9. Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

10. Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. If you wish to be informed what Personal Data, we hold about you and if you want it to be removed from our systems, please email us at: info@mycarviva.comIn certain circumstances, you have the following data protection rights:

the right to access, update or to delete the information we have on you.
the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
the right to object. You have the right to object to our processing of your Personal Data.
the right of restriction. You have the right to request that we restrict the processing of your personal information.
the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable, and commonly used format.
the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may be unable to provide Service without some necessary data. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

11. Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services, or assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

12. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

13. CI/CD tools

We may use third-party Service Providers to automate the development process of our Service.

14. Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

15. Behavioral Remarketing

We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

16. Payments

We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

17. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

18. Links to Other Sites

19. Children’s Privacy

Our Services are not intended for use by children under the age of 18 (“Child” or “Children”). We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

20. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

21. Contact Us

If you have any questions about this Privacy Policy, please contact us by email: info@mycarviva.com This Privacy Policy was created and last updated on 2023-03-03