These Bykea Terms and Conditions of Use (“Bykea Terms and Conditions”) govern the access or use by you, an individual, and/or a company, of the services including applications, websites, content etc. through any electronic device or otherwise, as the case may be (the “Bykea Services” or “Services”) made available by BYKEA TECHNOLOGIES PRIVATE LIMITED, a company incorporated under the Companies Ordinance, 1984 and having its registered and corporate office situated at 4th Floor, Office # 401, Ebrahim Estates, Near Baloch Colony Bridge, Shahrah-e-Faisal, Karachi, Pakistan (hereinafter referred to as the “Bykea” or “us” or “Company” which expression shall, unless inconsistent with the context or meaning thereof, be deemed to include its successors and assigns).
Your access and use of the Bykea Services constitutes your agreement to accept and be bound by these Bykea Terms and Conditions, which establishes a contractual relationship between you and Bykea. If you do not agree to these Bykea Terms and Conditions, you may not access or use the Bykea Services. These Bykea Terms and Conditions expressly supersede prior agreements or arrangements with you. Bykea may immediately terminate these Bykea Terms and Conditions or any Bykea Services with respect to you, or generally cease offering or deny access to the Bykea Services or any portion thereof, at any time for any reason whatsoever.
Supplemental terms may apply to certain Bykea Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the Bykea Services from time to time. Supplemental terms are in addition to, and shall be deemed to be a part of the Bykea Terms and Conditions. It is being clarified that, the Supplemental terms shall prevail over these Bykea Terms and Conditions in the event of a conflict with respect to the Bykea Services.
Bykea may amend the Bykea Terms and Conditions related to the Bykea Services from time to time. Amendments will be effective upon Bykea’s posting of such updated Bykea Terms and Conditions (at this web bykea.com/t&c as the case may be) or the amended policies or supplemental terms on the Bykea Service. Your continued access or use of the Bykea Services after such modifications and amendments constitutes your consent and acceptance to be bound by the Bykea Terms and Conditions.
Bykea may, in its sole discretion, create promotional codes that may be redeemed for Credit (defined below), or other features or benefits related to the Bykea Services and/or a Third Party Service Provider’s services, subject to any additional terms that Bykea establishes on a per promotional code basis (the “Bykea Promo Codes”). You agree that Bykea Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Bykea; (iii) may be disabled by Bykea at any time for any reason without liability to Bykea; (iv) may only be used pursuant to the specific terms that Bykea establishes for such Bykea Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Bykea reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bykea determines or believes that the use or redemption of the Bykea Promo Code was in error, fraudulent, illegal, or in violation of the applicable Bykea Promo Code terms or these Bykea Terms and Conditions.
The amount earned through referrals expires within 7 days of non-utilization. Additionally, such amounts cannot be withdrawn by the customer and must only be utilized by using the service.
Bykea may, in its discretion, permit you from time to time to submit, upload, publish or otherwise make available to Bykea through the Bykea Services such content and information, including comments and feedback related to the Bykea Services, initiation of support requests, and submission (the “User Content”). Any User Content provided by you remains your property. However, by providing User Content to Bykea, you grant Bykea a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Bykea Services and Bykea’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bykea the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bykea’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bykea in its sole discretion, whether or not such material may be protected by law. Bykea may, but shall not be obligated to, review, monitor, or remove User Content, at Bykea’s sole discretion and at any time and for any reason, without notice to you.
Bykea provides service of free online classifieds. We act as an online marketplace platform to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the application. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Bykea is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Application at your own risk.
1. You understand that Bykea does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation emails sent from outside Bykea’s domain or other means of electronic communication, whether through the application or another Third Party source or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Application and the Service (“Content”), and that by using the application and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
2. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Bykea be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service.
3. You acknowledge and agree that Bykea permits such goods and services to be displayed and offered on the Application that conform with the terms stated herein, however Bykea does not pre-screen or approve any Content, but that Bykea has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Bykea’s knowledge or for any other reason or no reason at all. Furthermore, the Application and Content available through the Application may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to Bykea. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Bykea makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other Websites is completely at your own risk and Bykea disclaims all liability thereto.
4. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: i) you have developed the contents such as description and/or photographs in accordance with the instructions and guidance for placing an ad provided by Bykea on the Application and that any copyrights therein belongs to Bykea and, to any extent, should you be deemed to own any copyright you hereby assign any such copyright to Bykea. ii) you acknowledge that the information and/or photographs that you post on the Application is stored and compiled by Bykea in a proprietary database and that the uploaded information and/or photographs are modified by Bykea by applying a watermark of Bykea logo and in such derivative works also the copyright belongs to Bykea. iii) you shall continue to, for such time the Content is available on the Application, have the necessary licenses, authorizations, consents, and permissions to use such Content on the Service and Application (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and wherever required, in such cases where you have the right, hereby authorize and license Bykea to exclusively use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Application and these Terms; and iv) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Application and these Terms. For clarity, by submitting any Content on the Application, as aforesaid, wherever you retain any ownership rights in the Content, you hereby grant to Bykea an irrevocable, non-cancellable, perpetual, worldwide, exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Application and Bykea’s (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Application and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. Furthermore, by you posting Content to any public area of the Service, to the extent you retain any ownership of any rights, you agree to and do hereby grant to Bykea all exclusive rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Application by any party for any purpose including the right to initiate legal action in accordance with the copyright and other laws of Pakistan. You also hereby grant each user of the Application a non-exclusive license to access your Content through the Application. The foregoing license to each user granted by you terminates once you or Bykea remove or delete such Content from the Application.
5. Bykea does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Bykea expressly disclaims any and all liability in connection with user Content. Bykea does not permit copyright infringing activities and infringement of intellectual property rights on the Application, and Bykea may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another’s intellectual property rights. Bykea reserves the right to remove any Content without prior notice. Bykea may also terminate a user’s access to the Application, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Application more than twice. Further, at its sole discretion, Bykea reserves the right to decide whether any Content is appropriate and complies with these Terms.
6. Users are solely responsible for their job postings on Bykea’s application. Bykea is not to be considered to be an employer with respect to Your use of the application and Bykea shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on Bykea’s application. By using the application or software, you agree that:
Bykea reserves the right to remove any job posting or content from any user content listed on Bykea’s Services platform, which in the reasonable exercise of Bykea’s discretion, does not comply with the above Terms, or if any content is posted that Bykea believes is not in the best interest of Bykea.
If at any time during Your use of Bykea Services, You made a misrepresentation of fact to Bykea or otherwise misled Bykea in regards to the nature of Your business activities, Bykea will have grounds to terminate Your use of Bykea’s Services.
You acknowledge that the data network access is necessary to use the Bykea Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Bykea Services from a wireless-enabled electronic device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Bykea Services and Applications and any updates thereto. Bykea does not guarantee that the Bykea Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Bykea Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
You understand that in consideration of the use of the Bykea Services, you will be charged and will be required to pay for the services you receive from a Third Party Service Provider (“Charges”). After you have received services obtained through your use of the Bykea Service, Bykea will facilitate your payment of the applicable Charges on behalf of the Third Party Provider. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes prescribed under the law. Charges paid by you are final and non-refundable, unless otherwise determined by Bykea.
All Charges are due immediately and payment will be facilitated by Bykea using the preferred payment method designated in your Account, after which Bykea will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Bykea may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Bykea, Bykea reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Bykea Services at any time in Bykea’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Bykea will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Bykea may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Bykea Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Bykea Services or the Charges applied to you. You may elect to cancel your request for services from a Third Party Service Provider at any time prior to such Third Party Service Provider’s arrival, in which case you may be charged a cancellation fee.
The payment structure provided herein is intended to fully compensate the Third Party Service Provider for the services provided. You understand and agree that, while you are free to provide additional payment as a tip/gratuity to any Third Party Service Provider who provides you with services obtained through the Bykea Service, you are under no obligation to do so. Tips/gratuities are voluntary. After you have received services obtained through the Bykea Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Service Provider.
BYKEA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE BYKEA SERVICES, EVEN IF BYKEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYKEA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE BYKEA SERVICES OR YOUR INABILITY TO ACCESS OR USE THE BYKEA SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, EVEN IF BYKEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYKEA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BYKEA’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICE PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO- PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. BYKEA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF PROVISION OF SUCH SERVICES. IN NO EVENT SHALL BYKEA’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE BYKEA SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED PAKISTANI RUPEES (PKR 100).
BYKEA SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION SERVICES WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT BYKEA HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY; INDEMNITY DISCLAIMER THE BYKEA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BYKEA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BYKEA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE BYKEA SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE BYKEA SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BYKEA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE BYKEA SERVICES OR IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLICABLE LAW.
You agree to indemnify and hold Bykea and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Website, Application, Bykea Wallet or Bykea Services; (ii) your breach or violation of any of these Bykea Terms and Conditions; (iii) Bykea’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Service Providers.
Except as otherwise set forth in these Bykea Terms and Conditions, these Bykea Terms and Conditions shall be exclusively governed by and construed in accordance with the laws of Pakistan and the courts of Karachi, Sindh shall have exclusive jurisdiction. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Bykea Services or these Bykea Terms and Conditions, including those relating to its validity, its construction or its enforceability (the “Dispute”) shall be first settled amicably. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the Dispute, the Dispute shall be resolved by means of arbitration pursuant to the Arbitration Act, 1940. The arbitration proceedings shall be conducted by an arbitral tribunal consisting of 1 (one) arbitrator appointed by Bykea. The arbitration proceedings shall be conducted in English language only and the seat for arbitration shall be in Sindh, Karachi. The award of the arbitral tribunal shall be final and binding.