TERMS AND CONDITIONS
These terms of service constitute a legally binding agreement (this “Agreement”) between you (“you”, “your” or “yours”) and Lesus Executive and its subsidiaries and affiliates (“Lesus Executive,” “we,” “us” or “our”) with respect to your use of the Lesus Executive application, website, and/or technology platform (collectively, the “Lesus Executive Platform”) and our Services (as defined below).
Please read this Agreement carefully before using The Lesus Executive Platform and/or our Services.
Please be advised: this agreement contains inter alia provisions that govern how claims you and Lesus Executive have against each other can be brought. These provisions will, with limited exception, require you to submit claims you have against Lesus Executive to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. Your rights will be determined by a neutral arbitrator and not a judge or jury.
By entering into this Agreement, by accessing The Lesus Executive Platform and/or by using our Services you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions herein) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE LESUS EXECUTIVE PLATFORM OR USE OUR SERVICES.
We use The Lesus Executive Platform to provide reservation and transportation services to our customers (“Clients”) and/or their authorized guests who seek transportation to certain destinations by utilizing Lesus Executive’s dedicated fleet of vehicles and our chauffeur.
Each person may only create one user profile, and Lesus Executive reserves the right to shut down any additional profile. As a user, you authorize Lesus Executive to match you (and your guests) with a Chauffeur based on availability, Lesus Executive Platform efficiency, and, if necessary or desirable, to cancel an existing chauffeur and rematch based on the same considerations. For purposes of this Agreement, the services provided by Lesus Executive to customers and/or their guests through the Lesus Executive Platform (including transportation services), as well as any other services provided by Lesus Executive to customers and/or their guests, shall be referred to collectively as the “Services”. Any decision by a customer to accept Services is a decision made in such customer’s sole discretion.
We shall have the right at any time and without prior notice, at our sole discretion, to revise this Agreement or to impose new terms and conditions with respect to access to or use of our Services. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing this Agreement periodically for any modification that may affect your rights or obligations. You agree that you shall be deemed to be apprised of and bound by any modification to this Agreement. Any access to the Lesus Executive Platform or use of our Services by you after revisions or additions to this Agreement shall constitute and be deemed to be your acceptance of such revisions or additions.
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18), to create an Account, unless a specific Service permits otherwise. By creating a user Account, you represent and warrant that you are at least eighteen (18) years old or the age of legal majority in your jurisdiction (if different than 18) and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. Unless your account has been temporarily or permanently deactivated, you may opt to invite guests into the Lesus Executive vehicle in an amount up to the lesser of the available carrying capacity of the vehicle or as proscribed by Lesus Executive upon the reservation of the Service. Except as otherwise provided herein, you may not assign or otherwise transfer your user Account to any other person or entity.
Lesus Executive permits you to request Services to unaccompanied minors provided that they are aged between thirteen (13) to seventeen (17). The Service is not available for the unaccompanied use by persons under the age of thirteen (13). Lesus Executive shall not be required to verify the identity or age of any customer or Minor prior to providing the Services. You, as the account owner, agree to obtain the consent of each Minor passenger’s parent or legal guardian prior to arranging Lesus Executive Services. At the time of each request for the Services on behalf of a Minor Child, you warrant and represent by your request for the Services, that you have obtained authority granted by such Minor Child’s parent or legal guardian to request Lesus Executive Services on behalf of the Minor passenger. Any unaccompanied Service provided to a Minor Child and requested by an authorized Rider Account is presumed by Lesus Executive to be under authorized use of the Services.
If you are accessing or using our Service on behalf of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf, that the person or entity agrees to be bound by this Agreement, and that you shall be jointly and severally responsible to Lesus Executive if you or the other person or entity violates this Agreement. You hereby agree to defend, indemnify and hold harmless Lesus Executive, as well as Lesus Executive’s officers, directors, employees, agents, or shareholders, from and against any and all claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any misrepresentation by you of such authority or authorization, in connection with the providing of the Services to any Minor Child passenger and/or your guests’ use of The Lesus Executive Platform.
Any child or minor passenger that requires the use of a safety seat must be accompanied by a parent or legal guardian over the age of eighteen (18) years to assist the child with installing the safety seat and buckling into and out of the same. Lesus Executive will not provide safety seats for the Rider or the Rider’s guests. Lesus Executive Chauffeurs will not assist in installing a safety seat or buckling a minor child into a safety seat at any time. You agree to comply with all applicable laws w, in addition to your Monthly Subscription hen accessing or using the Services, and you may only access or use the Services for lawful purposes.
As a customer, you understand that Fee (if any), your request or use of our transportation Services will result in charges to you (“Charges”). You are responsible for reviewing the estimated charges on The Lesus Executive Platform and you shall be responsible for all Charges incurred under your user Account regardless of your awareness of such Charges or the amounts thereof. You can elect to “pay now” in which case the services will not be provided until you pay or to “pay later” in which case you will use our services and pay afterwards.
When you request a reservation to use our Services, we will provide you with a fare estimate based upon the type of vehicle of your choice, our estimate of the duration of use and distance of your ride. Lesus Executive will use reasonable efforts to inform you of charges that may apply.
4.1 Fees and other Charges.
4.21 No Refunds. You shall be entitled to claim any refunds within 24 hours of requesting and paying for our services. Similarly, the cancellation policy applies within the first 24 hours of requesting for our services. Lesus Executive, on its own discretion, may elect to deduct any such applicable charges before any refunds are made.
4.22 Receipt. Within a reasonable time, through electronic mail or text message, Lesus Executive will submit a receipt to the customer who requested the ride which shall include without limitation: (1) the origin and destination of the ride; (2) the total time and distance; and (3) an itemization of the total of the fare paid, if any. If the ride is canceled, Lesus Executive will submit a receipt to the Rider which shall include without limitation an itemization of the total of the fare, fees, or cancelation fees, if any.
5. Lesus Executive Communications
By accessing and/or using the Lesus Executive Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Lesus Executive, its affiliated companies and/or our Chauffeurs, may include but are not limited to: operational communications concerning your user account or use of The Lesus Executive Platform or our Services, updates concerning new and existing features and terms on The Lesus Executive Platform, communications concerning promotions run by us or our third-party partners, and news concerning Lesus Executive and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE LESUS EXECUTIVE PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM LESUS EXECUTIVE (INCLUDING OPERATIONAL TEXTS OR CALLS), YOU CAN EMAIL US AT THE ADRESSESES LISTED BELOW STATING YOUR REQUEST TO UNSUBSCRIBE FROM TEXTS OR CALLS FROM LESUS EXECUTIVE AND INCLUDING THE TELEPHONE NUMBER TO WHICH YOU DESIRE YOUR REQUEST TO APPLY, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE LESUS EXECUTIVE PLATFORM OR THE SERVICES.
Lesus Executive, at its sole discretion, may make available promotions with different features to any customer or prospective customers. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Lesus Executive. Lesus Executive reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Lesus Executive determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
From time to time, Lesus Executive may offer you with incentives to refer your friends and family to become new customers of The Lesus Executive Platform (the “Referral Program”). These incentives may come in the form of Lesus Executive Credits or any other form as Lesus Executive deems appropriate. Lesus Executive may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Lesus Executive Codes and participation in the Referral Program is subject to this Agreement and the Referral Program Rules.
Failure to comply with this Code of Conduct by any customer or guest of a customer may result in charges and/or cancellation of the customers user account. Customers are responsible for ensuring that any and all guests they invites into an Lesus Executive vehicle are aware of and comply with this Code of Conduct at all times.
For safety reasons, all Customers and guests of Customers must fasten their seatbelt upon entering an Lesus Executive vehicle and keep their seatbelt securely fastened at all times until their trip is completed as required by law. Customers accompanying children are responsible to properly fasten the children within a “child seat” and to keep such children securely fastened within such “child seat” at all times during an Lesus Executive trip. With respect to your use of The Lesus Executive Platform and the Services, you agree that YOU WILL NOT:
Lesus Executive has a non-discrimination policy that prohibits a chauffeur from: (1) discriminating based on customers or potential customer’s location or destination, race, color, national origin, religious belief or affiliation, sex, disability, or age; and (2) refusing to provide Service to a potential customer with a service animal.
All intellectual property rights in The Lesus Executive Platform, as between you and Lesus Executive, shall be owned by Lesus Executive absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same.
You acknowledge that you have no intellectual property rights whatsoever in such data and you shall have no license or other right to access or use the same for any purposes without our express prior written consent. You further acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Lesus Executive. Lesus Executive shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Lesus Executive and other Lesus Executive logos, designs, graphics, icons, scripts, and service names are or will be registered trademarks, trademarks or trade dress of Lesus Executive in the Republic of Kenya (collectively, the “Lesus Executive Marks”). You acknowledge that Lesus Executive is the owner of the Lesus Executive Marks, including all goodwill associated therewith, and you shall have no license or other right to use the same for any purposes without our express prior written consent.
You agree that you will not: (1) create any materials that use the Lesus Executive Marks or any derivatives of the Lesus Executive Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Lesus Executive in writing; (2) use the Lesus Executive Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Lesus Executive Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Lesus Executive’s rights as owner of the Lesus Executive Marks or the legality and/or enforceability of the Lesus Executive Marks, including, challenging or opposing Lesus Executive’s ownership in the Lesus Executive Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Lesus Executive Marks, any derivative of the Lesus Executive Marks, any combination of the Lesus Executive Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Lesus Executive Marks; or (5) use the Lesus Executive Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Lesus Executive respects the intellectual property rights of others. If you believe, in good faith, that any material on The Lesus Executive Platform infringe on your copyrights, please contact us at the email address listed below file a complaint.
Lesus Executive has a zero-tolerance policy regarding the use of alcohol or drugs by its Chauffeurs providing Services. If you believe your Chauffeur may be under the influence of drugs or alcohol, please have the Chauffeur END THE TRIP IMMEDIATELY. After the Chauffeur has ended the trip, please report the incident to us immediately at the email address listed below
The following disclaimers are made on behalf of Lesus Executive, our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
By using The Lesus Executive Platform and/or our Services, you acknowledge and agree that such use is at your own risk. Lesus Executive is responsible only for transportation of its own vehicles in accordance with applicable tariffs and limitations and assumes no responsibility for any acts or omissions of others, except as imposed by law. Unless caused by its own negligence or that of its employees, Lesus Executive shall not be liable for loss, damage, or delay caused by (1) any action or inaction by a customer or guest of a customer, (2) the nature of the property or defect, (3) weather delays, (4) an act of God, public enemies, or terroristic activity, (5) bad conditions of roads or (6) any other causes beyond Lesus Executive’s control.
The Lesus Executive Platform is provided on an “as is” basis and without any warranty or condition, express, implied, or statutory. We do not guarantee and do not promise any specific results from use of The Lesus Executive Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any express or implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that your use of The Lesus Executive Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in The Lesus Executive Platform will be corrected, or that The Lesus Executive Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of The Lesus Executive Platform or Services.
Lesus Executive is not responsible for the conduct, whether online or offline, of any customer of The Lesus Executive Platform or Services. You are solely responsible for your interactions with other customers. We are not responsible for personal belongings left in an Lesus Executive Vehicle by Customers. By using The Lesus Executive Platform and Services, you agree to accept such risks and agree that Lesus Executive is not responsible for the acts or omissions of customers on The Lesus Executive Platform or participating in the Services.
You are responsible for the use of your customer profile and Lesus Executive expressly disclaims any liability arising from the unauthorized use of your customer profile. Should you suspect that any unauthorized party may be using your customer profile, or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through The Lesus Executive Platform (including any profile information you provide), or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Clients on The Lesus Executive Platform or through the Services. Please carefully select the type of information that you post on The Lesus Executive Platform or through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of any third parties (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Lesus Executive or made available through The Lesus Executive Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on The Lesus Executive Platform or otherwise. We reserve the right, but we have no obligation, to monitor the information shared on The Lesus Executive Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Clients or others.
Location data provided by The Lesus Executive Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Lesus Executive, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by The Lesus Executive Platform. Any of your Information, including geolocational data, you upload, provide, or post on The Lesus Executive Platform may be accessible to Lesus Executive and certain partners of The Lesus Executive Platform.
Lesus Executive advises you to use The Lesus Executive Platform with a data plan with unlimited or very high data usage limits, and Lesus Executive shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access The Lesus Executive Platform.
You will defend, indemnify, and hold Lesus Executive including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your and your guests’ use of The Lesus Executive Platform and participation in the Services, including but not limited to: (1) your or your guests’ breach of this Agreement or the documents it incorporates by reference; (2) your or your guests’ violation of any law or the rights of an Lesus Executive Chauffeur or a third party, including Clients, guests of Clients, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through The Lesus Executive Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Services; in each case, except to the extent such claims, actions, suits, losses, costs, liabilities and expenses relate to or arise out of Lesus Executive’s own negligence or willful misconduct.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL LESUS EXECUTIVE, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “LESUS EXECUTIVE” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE LESUS EXECUTIVE PLATFORM, SERVICE INTERRUPTIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING THE SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE LESUS EXECUTIVE PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT LESUS EXECUTIVE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO LESUS EXECUTIVE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED THOUSAND SHILLINGS (KHS 500,000). The Essential purpose of this provision is to limit the potential liability of Lesus Executive arising out of this agreement whether for breach of contract, negligence, or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
We reserve the right to cancel your tripe and/or user Account if we at our discretion. You may cancel your trip and/or user Account at any time upon your request in writing to us, and if at all you have already paid the fee, you will receive compensation within seven(7) working days
You acknowledge and agree that we may suspend or terminate your user Account and/or deny you access to and/or use of all or part of the Services, without prior notice, and you will remain liable for all amounts owed by you up to and including the date of termination, if you engage in any conduct that we believe, in our sole discretion: (i) violates any term or provision of this Agreement, (ii) violates the rights of Lesus Executive or third parties, (iii) or is otherwise inappropriate for continued access and use of the Services. Unless otherwise expressly agreed in writing, you agree that upon termination, either by you or us, we may delete all Information related to your account and may bar your access to your account and the Services. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Services.
Except as expressly provided in this agreement, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND LESUS EXECUTIVE. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), The Lesus Executive Platform, the Services, any other goods or services made available through The Lesus Executive Platform, your relationship with Lesus Executive, the threatened or actual suspension, deactivation or termination of your Rider Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Lesus Executive, trade secrets, unfair competition, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under consumer protection laws; claims arising under antitrust laws and all other statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND LESUS EXECUTIVE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
YOU UNDERSTAND AND AGREE THAT YOU AND LESUS EXECUTIVE MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND LESUS EXECUTIVE BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim brought under this agreemnt or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the Constitution of Kenya 2010, the Arbitration Act 1995 and the Nairobi Centre for International Arbitration Act 2013. As part of the arbitration, both you and Lesus Executive will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Clients but is bound by rulings in prior arbitrations involving the same Rider to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; and (2) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the Law.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the police, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any relevant authorities in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the statutory provisions, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.
Before initiating any arbitration or proceeding, you and Lesus Executive may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time is mutually extended by you or Lesus Executive. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic, and other proprietary and confidential information relating to Lesus Executive’s business, operations and properties, information made available to you in connection with your use of the Platform, which may include a Chauffeur’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Lesus Executive for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Lesus Executive in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Lesus Executive with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Lesus Executive or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Lesus Executive; becomes known to you, without restriction, from a source other than Lesus Executive without breach of this Agreement by you and otherwise not in violation of Lesus Executive’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Lesus Executive to enable Lesus Executive to seek a protective order or otherwise prevent or restrict such disclosure.
Except as provided in Section 16, this Agreement shall be governed by the laws of Kenya without regard to choice of law principles. This choice of law provision is only intended to specify the use of Laws of Kenya to interpret this Agreement and is not intended to create any other substantive right to non-Kenyans to assert claims under Kenyan law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Lesus Executive, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Lesus Executive shall be given by Email. Any notices to you shall be provided to you through The Lesus Executive Platform or given to you via the email address or physical you provide to Lesus Executive during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Lesus Executive with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding this Agreement, The Lesus Executive Platform or our Services, please contact us at the email address listed below.