Terms of Service

1 · Definitions and interpretation

1.1 In these Terms, unless the context otherwise requires:

• "Company", "we", "us" or "our" means Eazzier Transpay LTD, a company incorporated under the laws of the Republic of Ghana, whose principal office is at Accra, Ghana.
• "Platform" or "EazzierTransport" means the EazzierTransport software and services operated by the Company, including the operator dashboard, the counter and station software, each Operator's branded online booking site, and any related application or service.
• "Operator" means a transport company which registers to use the Platform for the conduct of its business.
• "Staff User" means an individual to whom an Operator has given access to its workspace, including cashiers, managers and other staff.
• "Agent" means a person authorised by an Operator to sell tickets on its behalf through the Platform.
• "Passenger" means a person who books or travels on a service operated by an Operator, whether the booking is made at a station, through an Agent or on the Operator's online booking site.
• "Customer" means a Passenger, a parcel sender or recipient, or any other person dealing with an Operator.
• "Carriage Contract" means any contract for the carriage of a person, of luggage or of a parcel, formed between an Operator and a Customer.
• "Equipment" means any hardware supplied by the Company to an Operator for use with the Platform, including computers, printers, terminals and kiosks.
• "Commercial Agreement" means any order form, schedule or agreement concluded between the Company and an Operator concerning fees, Equipment, settlement or related commercial matters.
• "Fees" means the sums payable by an Operator to the Company under clause 9.
• "Content" means any text, image, logo, price, schedule, record or other material submitted to the Platform by an Operator, a Staff User, an Agent or a Customer.

1.2 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa. "Including" means including without limitation.

1.3 A reference to any legislation includes that legislation as amended or replaced from time to time.

2 · Acceptance of these Terms

2.1 These Terms constitute a legally binding agreement between you and the Company governing your access to and use of the Platform, whether you are an Operator, a Staff User, an Agent or a Customer using an Operator's online booking site.

2.2 By accessing the Platform, registering a company or an account, or submitting any Content, you confirm that you have read, understood and agree to be bound by these Terms and by the Privacy Policy, which is incorporated into these Terms by reference. Where a Commercial Agreement exists between the Company and an Operator, it forms part of the agreement between them, and in the event of conflict the Commercial Agreement prevails.

2.3 If you do not agree to these Terms, you must not access or use the Platform.

3 · Operator registration and accounts

3.1 A company account may be registered only by a person aged at least eighteen (18) years who is authorised to bind the Operator concerned. The Operator shall provide information that is true, accurate, current and complete, and shall keep it updated.

3.2 An Operator creates and administers the accounts of its Staff Users and Agents, and determines the stations, routes and actions each may access. The Operator is responsible for all activity conducted through its workspace, including the acts and omissions of its Staff Users and Agents.

3.3 Each Staff User shall keep their password and sign-in PIN confidential, shall not share an account or identity with any other person, and shall notify the Operator and the Company without undue delay upon becoming aware of any unauthorised access.

3.4 The Company may verify a registered telephone number or electronic mail address by one-time code before enabling certain functions.

4 · Nature of the Platform and the role of the Company

4.1 The Company supplies software, Equipment and support with which Operators run their own transport businesses: selling tickets at stations and online, managing seats and trips, registering and tracking parcels and luggage, administering staff, agents, customers, loyalty and refunds, and keeping records and reports.

4.2 The Company is not a transport operator and is not a carrier. The Company does not operate vehicles, does not sell carriage in its own name, does not employ any Operator's staff, and does not fix any Operator's routes, schedules or fares.

4.3 Every Carriage Contract is formed exclusively between the Operator and the Customer. A ticket, parcel receipt or luggage label issued through the Platform is issued by the Operator, and the Operator's own conditions of carriage apply to it. The Company is not a party to any Carriage Contract and acts neither as agent, broker, trustee, escrow agent, insurer nor guarantor for any Operator or Customer.

4.4 Schedules, fares, seat availability, and the descriptions of services published on an Operator's booking site are published by the Operator. The Company does not verify, and gives no warranty as to, their accuracy, nor the ability or willingness of any Operator to perform a Carriage Contract.

5 · Payments

5.1 Fares and other charges payable under a Carriage Contract are set by the Operator and are payable to the Operator.

5.2 Payments may be made in cash to the Operator's staff or Agents, or electronically through third-party payment providers. The Company is not a bank, an electronic money issuer or a payment service provider; electronic payments are processed by the provider concerned under that provider's terms, and card numbers, mobile money personal identification numbers and comparable credentials are submitted to the provider and not to the Company.

5.3 The collection, settlement and remittance of sums paid electronically are governed by the Commercial Agreement and by the terms of the payment provider concerned.

6 · Obligations of Operators

6.1 An Operator shall hold, and maintain in force, every licence, permit, registration and insurance required by law for the operation of its transport business, and shall conduct that business in compliance with all applicable law.

6.2 An Operator shall publish through the Platform only schedules, fares and service descriptions which are accurate, and shall honour tickets sold through the Platform in accordance with its own conditions of carriage.

6.3 An Operator shall bring its conditions of carriage, and its policies on refunds, luggage and parcels, to the attention of its Customers, and shall administer the refunds, loyalty rewards and discounts it offers fairly and as communicated.

6.4 An Operator shall ensure that the records its staff enter upon the Platform, including boarding records, manifests, parcel scans and finance records, are accurate. The entry of information known to be false constitutes a breach of these Terms.

6.5 As between the Operator and the Company, the Operator is the controller of the personal data of its Customers and staff processed in its workspace, determines what its booking and parcel forms collect, and shall comply with all data protection law applicable to it, including in the giving of any notice and the obtaining of any consent required from its Customers.

6.6 An Operator shall be responsible for the acts and omissions of its Staff Users and Agents in connection with the Platform as if they were its own.

7 · Customers and online booking

7.1 A Customer using an Operator's online booking site shall provide information that is true and accurate, and shall make bookings only for genuine travel.

7.2 The Carriage Contract arising from a booking is with the Operator. Enquiries, complaints and claims concerning travel, delay, cancellation, refunds, luggage or parcels shall be addressed to the Operator, whose contact particulars appear on its booking site, tickets or premises.

7.3 The Company may assist a Customer in reaching the Operator concerned, but cannot perform, vary or enforce a Carriage Contract.

8 · Equipment

8.1 The Company may supply Equipment to an Operator as part of its offer. The items supplied, and the terms as to their price or rental, delivery, installation and replacement, are as set out in the Commercial Agreement.

8.2 Unless the Commercial Agreement provides otherwise, Equipment remains the property of the Company; the Operator shall keep it in its care at the stated premises, use it only with the Platform and for its intended purpose, not part with, encumber, modify or open it, and report any loss, theft or damage without undue delay.

8.3 Upon termination of the agreement between the Company and the Operator, and unless the Commercial Agreement provides otherwise, the Operator shall make all Equipment belonging to the Company available for return in reasonable condition, fair wear and tear excepted.

9 · Fees

9.1 Registration and set-up are free of charge, and no periodic subscription fee is payable. The Company's Fees are charged per ticket sold, at the rates agreed with the Operator, together with any other sums provided for in the Commercial Agreement.

9.2 Volume discounts, billing periods, payment methods and settlement arrangements are as agreed with the Operator in the Commercial Agreement.

9.3 The Company shall give reasonable notice of any change to the rates before that change takes effect.

9.4 Fees are exclusive of any applicable tax, levy or duty, which shall be borne as the law requires.

10 · Prohibited conduct

10.1 You shall not submit, publish or transmit through the Platform any Content which is false, misleading or fraudulent; which infringes the rights of any person; which is obscene, abusive, threatening, harassing, defamatory or discriminatory; or which contains any virus, malicious code or other harmful component.

10.2 You shall not use automated means to access, scrape, copy or index the Platform, interfere with its operation or security, circumvent any access restriction, or attempt to gain unauthorised access to any account, workspace or system.

10.3 You shall not use the Platform for any unlawful purpose, including money laundering, fraud, the carriage or consignment of unlawful goods, or the evasion of tax.

11 · Data protection

11.1 The processing of personal data in connection with the Platform is described in the Privacy Policy, which distinguishes the data for which the Company is controller from the data the Company processes on an Operator's behalf.

11.2 The Company shall process Passenger Data (as defined in the Privacy Policy) only upon the Operator's instructions and for the purposes of providing the Platform, and shall not disclose it except as the Privacy Policy provides.

12 · Intellectual property

12.1 All rights in the Platform, including its software, design, arrangement, trade marks and the names Eazzier and EazzierTransport, vest in the Company or its licensors. Nothing in these Terms transfers any such right.

12.2 An Operator retains ownership of its name, marks, logos and other Content, and grants the Company a non-exclusive, royalty-free licence to host, store, reproduce and display them for the purposes of providing the Platform, including upon the Operator's branded booking site and printed tickets, for so long as the Operator uses the Platform.

12.3 The Operator warrants that it holds all rights necessary to grant the licence in clause 12.2 and that its Content does not infringe the rights of any third party.

13 · Support and availability

13.1 The Company provides support to Operators in connection with the Platform and the Equipment, through the contact particulars stated in clause 18.

13.2 The Company shall use reasonable endeavours to keep the Platform available, but does not warrant uninterrupted availability. The Company may suspend the Platform, in whole or in part, for maintenance, and shall where practicable give notice and choose times of low usage.

14 · Suspension and termination

14.1 The Company may withhold from display, remove, or restrict access to any Content, and may suspend or terminate access to the Platform, in whole or in part, where the Company reasonably considers that these Terms, the Commercial Agreement or any applicable law have been contravened, that Fees due remain unpaid, or that any person is exposed to harm. Where the circumstances involve fraud, unlawful conduct or risk to any person, the Company may act without prior notice.

14.2 An Operator may terminate its use of the Platform in accordance with the Commercial Agreement or, in the absence of provision, upon reasonable written notice.

14.3 Upon termination, the Company shall, upon the Operator's written request made within a reasonable period, make available to the Operator the records of its own business held in its workspace, and clause 8.3 applies to the Equipment. Termination does not affect any right or liability accrued before it, and clauses 11, 12, 15, 16, 17 and 19 survive termination.

15 · Disclaimer of warranties

15.1 Save as expressly provided in these Terms or in a Commercial Agreement, the Platform is provided on an "as is" and "as available" basis, and the Company disclaims, to the fullest extent permitted by law, all warranties, conditions and representations of any kind, whether express, implied or statutory, including as to merchantability, fitness for a particular purpose, accuracy and non-infringement.

15.2 The Company gives no warranty in respect of any Operator, any Carriage Contract, or any goods or services offered by an Operator, and does not warrant that any Carriage Contract will be performed.

16 · Limitation of liability

16.1 To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive loss, nor for loss of profit, revenue, goodwill, data or anticipated saving, however arising.

16.2 To the fullest extent permitted by law, the Company shall not be liable for any loss arising under or in connection with a Carriage Contract, including death or injury, delay, cancellation, non-carriage, or the loss of or damage to luggage or parcels, the same being matters between the Operator and the Customer.

16.3 The total aggregate liability of the Company to any Operator or other person in respect of all claims arising in any period of twelve (12) months shall not exceed the total Fees paid by that Operator to the Company in the six (6) months preceding the event giving rise to the claim.

16.4 Nothing in these Terms excludes or limits the liability of the Company for fraud or fraudulent misrepresentation, for death or personal injury caused by its own negligence, or for any other liability which cannot lawfully be excluded or limited; and nothing in these Terms excludes, restricts or modifies any right conferred on a consumer by any enactment where that right cannot lawfully be excluded, any provision which purports to do so being to that extent of no effect, the remainder continuing in force.

17 · Indemnity

17.1 An Operator shall indemnify and hold harmless the Company, its officers and employees against all claims, demands, proceedings, losses, damages and reasonable costs (including legal costs) arising out of or in connection with the Operator's business, its Carriage Contracts, its Content, its breach of these Terms or of any applicable law, or the acts or omissions of its Staff Users and Agents.

18 · Notices and contact

18.1 Notices to the Company shall be sent to support@eazzier.com or to Eazzier Transpay LTD, Accra, Ghana, or made by telephone on +233 55 749 4701. Notices to an Operator, a Staff User or a Customer may be sent to the telephone number or electronic mail address recorded on the relevant account.

19 · Governing law and jurisdiction

19.1 These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and shall be construed in accordance with the laws of the Republic of Ghana.

19.2 The courts of Ghana shall have jurisdiction to settle any such dispute or claim.

20 · Amendment of these Terms

20.1 The Company may amend these Terms from time to time. The version in force is that published on the Platform and identified by the version date appearing above.

20.2 Where an amendment is material, the Company shall give notice on the Platform. Continued use of the Platform after an amendment takes effect constitutes acceptance of the amended Terms.

21 · General

21.1 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.

21.2 Waiver. No failure or delay by the Company in exercising any right constitutes a waiver of that right.

21.3 Assignment. You may not assign or transfer your rights under these Terms without the Company's written consent. The Company may assign its rights and obligations upon notice.

21.4 Entire agreement. These Terms, together with the Privacy Policy and any Commercial Agreement, constitute the entire agreement between you and the Company in respect of the Platform and supersede all prior understandings.

21.5 Third parties. A person who is not a party to these Terms has no right to enforce any provision of them.

22 · Contact

Enquiries concerning these Terms may be addressed to Eazzier Transpay LTD at support@eazzier.com or on +233 55 749 4701, or by post to Accra, Ghana.