These Terms and Conditions apply to the use of LANA app. You accept the terms and conditions when you sign up for any of our Lana services, products, content, features, technologies offered on the mobile application or our website.
Effective from 24.05.2023
1. Definitions
1.1. LANA TECHNOLOGIES – a business registered under the laws of the Republic of Kenya.
1.2. LANA App – a smartphone application used to access LANA services.
1.3. Account – User’s account that enables the use of LANA Services (e.g. allows Customer to pay for the usage of LANA Services);
1.4. Customer – the person who signs in as a commuter on the sign-up page of the app who requests for a trip on the LANA APP.
1.5. Partner – the person identified as a partner on the sign-up page of the app is any person (who selects the “Sign in as driver” option) who offers their car for use in providing customers with the transportation services.
1.6. User – anybody that signs for an Account and is thereby authorized to use LANA Services within these terms and conditions.
1.7. Driver – the person identified as a Driver on the sign-up page of the app is any person (who selects the “I operate someones car” option) who provides trasport services’ services on behalf of the Partner.
1.8. Agreement – this Agreement between User and LANA TECHNOLOGIES which consists of:
1.8.1. these Terms and Conditions;
1.8.2. special terms displayed in App and/or LANA App, for example, regarding price info or payment methods, service descriptions and user manuals.
1.9. Service Fee – the fee for Customer’s use of LANA services.
2. Set-up and administration of the Account
Set-up of Account
2.1. Prior to using LANA, the User must sign up for an Account by providing the requested information in the app. The User warrants that the individual clicking "Sign in as communter" or " Sign in as driver" accept these Terms & Conditions is authorized to bind the User to this Agreement.
2.2. The User acknowledges and agrees that they can only be eligible to use LANA as Users if they match the following criteria:
2.2.1. Have an active personal Lana Account;
2.2.2. Have confirmed the mobile number provided during the registration process;
2.3. In order to register, the User shall upload the required User information on the registration page.
2.4. Upon successful registration, the user is re-directed to the appropriate homepage, according to whether they sign up as a Customer; Driver or Partner.
3. Rules of use of LANA TECHNOLOGIES
3.1. The User is responsible for providing only accurate and complete information, and for keeping such information updated at all times.
3.2. The User shall be responsible for all activity that occurs under its credentials.
3.3. The user uses LANA TECHNOLOGIES solely for legitimate business purposes in accordance with the Agreement and shall not use LANA TECHNOLOGIES for unauthorized or unlawful purposes nor impair the proper operation of LANA TECHNOLOGIES.
3.4. The right to add, remove and update features and functionality of LANA is reserved at any time including to offer discounts to Customers based on their rides made.
3.5. The User shall not itself, and shall not authorize third persons to:
3.5.1. decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms related to LANA TECHNOLOGIES;
3.5.2. misuse App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the use of LANA in any way;
3.5.3. collect any data from App other than in accordance with the Agreement;
3.5.4. submit or contribute any content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
3.5.5. submit or contribute any content that User does not own or has no right to use or otherwise infringe the copyright, trademark or other rights of third parties;
3.5.6. use content in violation of any licensing terms specified by the owner;
3.9.7. use any automated system, including without limitation 'robots', 'bots', 'spiders' or 'offline readers' to access App in a manner that sends more request messages to the App than a human can reasonably produce in the same period of time;
3.9.8. upcharge, increase or otherwise modify or manipulate the fees as calculated through LANA App;
3.9.9. impose any additional fees or charges on User, related to the use of LANA TECHNOLOGIES.
3.10. The Parties shall keep confidential any business, technical or financial information, including the terms and conditions of the Agreement, received from the other party in connection with the Agreement, unless:
3.10.1. the disclosing party permits in writing the requested disclosure of particular information;
3.10.2. such information is already public;
3.10.3. receiving party shall use confidential information solely for the purposes permitted under Agreement;
3.10.4. the receiving party receives an administrative or judicial order, or any other request for disclosure of any confidential information, if the receiving party provided disclosing party written notice of such request allowing the disclosing party to assert any available defenses to disclosure.
3.11. The receiving party shall protect the disclosing party’s confidential information in the same manner as it protects the confidentiality of its own proprietary and confidential information, but in no event using less than a reasonable standard of care.
4. Payments & refunds
General
4.1. The Customer shall only make payments through the M-PESA platform.
4.2. LANA TECHNOLOGIES reserves the right to remove or amend the available payment method at its sole discretion.
4.3. The User shall be liable to LANA TECHNOLOGIES for the payment of all Fees.
4.4. The User agrees to pay any fines, fees, penalties, and any other charges and costs incurred, that result from result of (other) User violating any other law, rule, regulation, or ordinance while using LANA TECHNOLOGIES.
4.5. All payments are non-refundable except as may be expressly provided otherwise herein. Refunds shall be made to the User’s Account as credit which can be used for the payment of future Fees.
4.6. An account statement showing rides covered and payments made shall be made available for Users on the app.
Payments
4.7. During the term of this Agreement, the Customer shall provide the number that they will use to make the payments associated with the use of LANA TECHNOLOGIES as set forth in this Agreement.
4.8. After the trip, the Account of the User is automatically charged an amount which equals the Fee.
4.9. Customer must have enough funds in their Account to cover the fee charged after ride.
4.10. All payments shall be processed in the local currency applicable.
5. Liability
5.1. LANA TECHNOLOGIES is a tech platform/facilitator and do not provide transport services but Partners do and shall not therefore take any responsibility for the quality or the absence of defects in the provision of the services by the Partners / Drivers. As the provision and availability of the transport services depends on Drivers, LANA TECHNOLOGIES cannot and do not guarantee that the availability of the Partners / Drivers meets the needs of the Customers.
5.2. LANA is provided on an "as is" and “as available” basis. LANA TECHNOLOGIES do not guarantee that access to LANA services shall be uninterrupted or error free.
5.3. LANA TECHNOLOGIES are not liable for any loss or damage that User may incur as a result of using LANA, unless provided otherwise by law. LANA TECHNOLOGIES shall not be liable for the actions, errors or omissions of the Partners / Drivers.
5.4. LANA TECHNOLOGIES shall not be liable towards the User or any other party for any costs, losses or damages caused due to inaccurate or incomplete data provided by User.
5.5. Failure to comply with the rules stipulated in this Agreement constitutes a serious breach, and provides LANA TECHNOLOGIES with the right:
5.5.1. to immediately, temporarily, or permanently terminate User’s right to use Account and, where relevant, LANA app, and
5.5.2. to apply and seek any other remedies available pursuant to the Agreement and applicable law.
5.6. The Drivers and/or Partners is liable for all the activities of Customers. The Partner or Driver shall be responsible also for Fees incurred in the course of unauthorized, fraudulent or other unlawful activity connected to the Customer's use of LANA.
5.7. Non-performance of either party under the Agreement shall be excused to the extent and during the period that performance is rendered impossible by natural disasters, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.
6. Term and termination
6.1. The Agreement becomes effective from the moment of successful processing of the User's signup application and remains in effect until terminated in accordance with the provisions of the Agreement.
6.2. User may terminate this Agreement at any time and for any reason and are required to notify LANA TECHNOLOGIES through email, lanatechnologieslimited@gmail.com.
6.3. LANA TECHNOLOGIES may terminate this Agreement at any time and for any reason by notifying User at least 3 days in advance through email.
6.4. All outstanding payment obligations, as well as obligations arising out of liability and confidentiality provisions of this Agreement shall survive the termination of this Agreement.
6.5. LANA TECHNOLOGIES is entitled to terminate this Agreement and block the User’s access to the App without prior notice in all those cases where the User breaches this Agreement, any applicable laws or regulations, or harms LANA’S brand, reputation and/or business.
6.6. LANA TECHNOLOGIES may also immediately block the User’s access to the App in the course of internal investigations, if LANA TECHNOLOGIES suspects an infringement of the Agreement or the presence of any fraudulent activity associated with the User’s Account.
7. Final provisions
7.1. Any notice under the Agreement shall be sufficiently given if delivered and deemed to have been received:
7.1.1. if delivered personally, at the time of delivery to the party;
7.1.2. if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party;
7.1.3. if made available via the App, or if sent by email, on the day the party receiving the email confirms receiving the respective e-mail or on the day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party).
7.2. Any changes to Agreement shall enter into force after they have been made available to the User via the App or notified to the contact details recorded under its Account. Continued use of LANA after such changes shall constitute the implied Company’s consent to such changes.
7.3. This Agreement may not be assigned by the User, in whole or in part, without the prior written consent of LANA TECHNOLOGIES. User may assign Agreement without such consent, but with notice to LANA TECHNOLOGIES, in connection with a merger or a sale of all of the equity or assets of User. The Agreement may be assigned to any third party by LANA TECHNOLOGIES, anytime and at LANA TECHNOLOGIES’ sole discretion.
7.4. The Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes all prior communications, drafts, agreements, representations, warranties, stipulations and undertakings of whatsoever nature, whether oral or written between the parties.
7.5. The Agreement shall be governed by and construed and enforced in accordance with the laws of Kenya. If a dispute resulting from this Agreement could not be settled by the negotiations, then the dispute shall be finally settled by the Kenya Law Enforcement Agencies.