About these terms
These terms are an agreement between Wheelerate (“we”, “us”) and the organization that uses Wheelerate (“you”). By setting up an organization in Wheelerate, accepting an invitation to one, or otherwise using the service, you agree to them. If you use Wheelerate for an organization, you confirm that you may accept these terms on its behalf.
If you and we have signed an order or another written agreement for Wheelerate, it applies together with these terms; where they differ, the signed agreement prevails.
The service
Wheelerate is software for safari and tour operators to manage their vehicles, drivers, customers, quotes, bookings, schedules, alerts and vehicle costs. We provide it over the internet; you need a current web browser and an internet connection to use it.
We keep improving Wheelerate, so it will change. If a change significantly reduces what Wheelerate does for you, we will tell you before it happens.
Accounts and access
- People sign in to Wheelerate through an identity provider. You are responsible for the accounts your people use, and for keeping them secure.
- Your organization’s owners and administrators decide who is invited and what role each person has. You are responsible for your people’s use of Wheelerate, and for removing access when someone should no longer have it.
- If you believe someone has gained access without permission, tell us promptly at hello@wheelerate.com.
Your data
- You own the information your organization keeps in Wheelerate (“your data”).
- You give us the right to host, copy, process and display your data only as needed to provide Wheelerate to you, to support you and to keep the service secure.
- Our processing of the personal data in your data is governed by our data processing agreement, which forms part of these terms.
- You are responsible for your data: that you may keep it in Wheelerate, and that you have told the people it concerns, such as your customers and drivers, what you do with it, as the law requires.
- We do not sell your data, and we do not use it for advertising.
Acceptable use
You agree not to do, or let anyone else do, any of the following:
- use Wheelerate for anything unlawful, or to keep information you have no right to keep;
- try to reach another organization’s data, or any account or system you are not authorised to use;
- probe, scan or test Wheelerate’s security, or interfere with its operation, without our written permission;
- place an unreasonable load on Wheelerate, for example with automated requests;
- copy, modify or reverse engineer Wheelerate, except as the law allows despite this restriction;
- resell Wheelerate, or provide it to others, without our written agreement.
Fees
The fees for Wheelerate, and how and when they are paid, are those agreed between you and us in writing. See pricing.
Availability and support
We work to keep Wheelerate available and to fix problems promptly, but we do not promise that it will always be available or free of errors. When we need to carry out maintenance, we tell you beforehand where we can.
For help, email hello@wheelerate.com.
Confidentiality
Each of us keeps the other’s confidential information confidential and uses it only for this agreement. That does not apply to information that is public, that the recipient already had or received lawfully from someone else, or that the law requires it to disclose. Your data is your confidential information.
Intellectual property
Wheelerate, its software, design and name, belongs to us and our licensors. These terms give you the right to use Wheelerate while they are in force, and no other rights. If you send us suggestions, we may use them without any obligation to you.
Warranties
We will provide Wheelerate with reasonable skill and care. Apart from that, and to the extent the law allows, Wheelerate is provided as it is, without other warranties.
Wheelerate helps you plan and record your operations. Decisions about your vehicles, drivers, trips and finances remain yours.
Liability
Nothing in these terms limits any liability that the law does not allow to be limited. Subject to that:
- neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue or goodwill;
- each party’s total liability under these terms, for all claims in any 12 months, is limited to the fees you paid for Wheelerate in the 12 months before the first event that gave rise to a claim.
Suspension and termination
- You may stop using Wheelerate at any time, subject to what we have agreed in writing about fees and notice.
- We may suspend access, after notice where that is practicable, if you break these terms, if your use puts Wheelerate or other organizations at risk, or if the law requires it.
- Either of us may end this agreement if the other seriously breaks it and does not put it right within 30 days of being asked to.
- When the agreement ends, access to Wheelerate ends, and your data is returned or deleted as set out in the data processing agreement.
Changes to these terms
We may update these terms. We will publish the new version here with the date it takes effect and, if a change is significant, tell the owners of the organizations that use Wheelerate at least 30 days before it takes effect. If you do not accept a change, you may stop using Wheelerate before it takes effect.
Governing law
These terms are governed by the laws of Kenya, and the courts of Kenya decide any dispute about them. Before either of us goes to court, we will both try in good faith to settle the dispute by talking to each other.
Contact us
Email hello@wheelerate.com.