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DeliveryGuy Terms of Service

Thank you for choosing DeliveryGuy Africa. These Terms of Service ("Terms") govern your use of the DeliveryGuy mobile applications (User App and Rider App) and other related services. By accessing or using our services, you agree to these Terms, which include our privacy policy.
 
1. Introduction
DeliveryGuy Africa offers logistics and delivery services through our mobile applications, the User App and Rider App, available for download via the Apple Store or Google Play. These applications facilitate the easy and efficient delivery and pick-up of goods within our designated service areas.
 
2. Definitions

  • "User": Any individual or entity registered on the DeliveryGuy app(s) to access our services.

  • "Goods" or “Packages”: Items that can be moved by our service personnel within the specifications provided in the app.

  • "Territory": The geographical area where our services are available, primarily within Nigeria unless otherwise specified.

  • “App”: The mobile application or software through which our services can be accessed.

 
3. Our Service
We provide a range of services including but not limited to delivery, pick-up, and a marketplace for connecting with merchants (customers and riders). Our platform allows for ratings, comments, and feedback about our services.
 
4. Your Service Provider
DELIVERYGUY TECHNOLOGIES LTD referred to herein as “DeliveryGuy Africa”, “DeliveryGuy”, “we”, “us”, or “our”, operates under Nigerian law, incorporated with the corporate affairs commission under the RC number 2013229. In the provision of the Service, we may integrate with third-party apps or services to enhance our service offerings, subject to user consent where applicable.
 
5. Applicable Terms
These Terms (and any changes thereof) constitute a legally binding agreement (the “Agreement”) between you and DeliveryGuy.
 
This Agreement governs your use of DeliveryGuy’s mobile apps. Generally, DeliveryGuy provides you the right to access and use the Apps and thereby use its Services within the Territory, which constitutes your agreement to be bound by this Agreement and establishes a contractual relationship between you and DeliveryGuy. DeliveryGuy may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to App(s), its’ Service or any portion thereof, at any time for any reason without notice. Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.  
 
 
PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND IT BEFORE DOWNLOADING, ACCESSING OR USING APP. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT ACCEPT ANY PART OF IT, YOU MAY NOT DOWNLOAD, USE OR ACCESS THE APP. BY DOWNLOADING THE APP AND USING THE SERVICE, YOU AGREE TO ABIDE BY THE AGREEMENT AND ANY UPDATES MADE TO THE AGREEMENT AS COMMUNICATED TO YOU FROM TIME TO TIME VIA YOUR REGISTERED USER ACCOUNT OR CONTACT INFORMATION PROVIDED ON THE APP.
 
 
About this Agreement
 
Changing this Agreement.
We may change this Agreement, for example, to reflect changes to our Service or how we do business- for example, (1) when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice as stated in these Terms and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should delete the App from your devices and stop using the Service.
 
Continuation of this Agreement.


If your use of the Service ends, the following terms of this Agreement will continue to apply to you whether or not you have deleted the App from your Devices: “Other Legal Terms” and “About This Agreement”.
 
 
Who may use the Service?


Any User may use this Service. A User can be any of the following:

Individuals-Users: If you are a natural and above the age of 4, you may use our Service and by downloading the App you grant us the permission to retrieve and share your Data for the purpose of use of our Service by us or by any third party or business utilizing our Service.
 
Businesses-Users: If you are using the Service as an artificial person, you must be a duly incorporated company, partnership or organization with the necessary licenses to perform its objects, and the necessary policies and procedures to process, store and share Data if you are collecting Data of your customers or persons consuming your services. You confirm to us that the representatives of your Business have authority to act on behalf of that entity, and that entity accepts this Agreement.
 
You are not eligible to use our Service if your Account has been suspended or blocked by DeliveryGuy from accessing the App for any reason whatsoever.
 
 
Requirements


Individual KYC: You may use the Service after successfully completing the onboarding process and after you have provided us with all your personal information on our know-your-customer diligence questionnaire during your user registration process via the App.
 
Corporate KYC: You may use the Service if you have all your incorporation documents and any licenses required to perform any activities you advertise to provide and have provided us with your corporate information and all details requested in our know-your-customer diligence questionnaire during your user registration process via the App.
 
Devices: At user registration for this Service, you hereby covenant to such compatible devices with capabilities that allow for downloading version(s) of the App which maybe required from time to time for adequate functionality and provision of the Service.
 
Goods: As part of the registration process for this Service, you will be informed about the products and dimensions of the eligible products and all prohibited products via the Gokada Super App. You must package the Good(s) in the appropriate sealed containers or boxes and you shall bear the risk of damage for items carried that were inappropriately packaged.
 
Material Information: You hereby covenant to promptly supply, all material information and such documents relating to the Data (or any questionnaire as applicable) which may be required from time to time to assess your status and eligibility to use this Service, update your Data and or verify your identity, during and after registration on the App.

User Accounts

To use most aspects of the App, you must register for and maintain an active personal User account (“Account”) and remain active throughout your use of the App. Account registration requires you to submit to DeliveryGuy certain personal information, including but not limited to your name, address, and valid mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. As a part of the registration, you may be required to undertake a verification process to verify your personal information as provided to us. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the App, including your ability to request access to your personal information or to opt in or out of marketing preferences, or our termination of this Agreement with you. You agree and accept that as on the date of your registration, the information provided by you is complete, accurate and up-to-date. In the event of any change to such information, you shall be required to promptly inform DeliveryGuy of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that DeliveryGuy has not independently verified the information provided by you. DeliveryGuy shall in no way be responsible or liable for the accuracy or completeness of any information provided by you. If you provide any information that is untrue, inaccurate, not current, or incomplete, or DeliveryGuy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DeliveryGuy reserves the right to suspend or terminate your Account with us and refuse any and all current or future use of the App (or any portion thereof) at any time.
 
You agree to always maintain the security and secrecy of your Account’s username and password (where applicable). You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the App. DeliveryGuy shall have the right to display the information, feedback, ratings, reviews etc. provided by you on the App.
 
Unless otherwise permitted by DeliveryGuy in writing, you may only possess one Account.
 
For Pick Up and Drop Off Services Only

Using the Pick-Up and Drop-Off service you can send packages from a particular location to another location within the Territory. The Pick-Up and Drop-Off Services are provided to you directly by DeliveryGuy and all information required to provide this service which will include personal data shall be provided by you via the App. DeliveryGuy will assign a rider to you for the provision of the service at the designated locations provided by you. You agree and acknowledge that the details provided (including personal identifiable information as well as locations have been voluntarily provided by you on the App and such information will be used for the Services in accordance with the Privacy Policy. Any requests for a Pick-Up and Drop-Off of Restricted Goods or prohibited Goods by any statute or law or regulation shall not be fulfilled and may lead to cancellation of Accounts. You agree that before requesting a Pick-up and Drop-off Service, you have actual knowledge of the contents of the package sent or requested by you through App, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, bullion, currency (paper or coin) of any nationality, livestock, fish, insects, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorization/license is required under applicable laws).
 
Wrong locations or change of locations shall attract additional DeliveryGuy Fees which shall be communicated to you via the App or via email.
 
Where we become aware of the commission of any offense by you through the use of our Service on the App, we shall report such findings to the applicable law enforcement authorities without further notification.
 
Ratings
 
a)   You agree that after completion of a Service on the App, you may be required to provide a rating and comments about the Service received via the App the service personnel may also be prompted to rate you on the App. Your rating score on the App will be determined by the rating given by the Service personnel and displayed on your Account.
 
b)  DeliveryGuy and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of DeliveryGuy and its affiliates without attribution your approval and you hereby consent to the same. DeliveryGuy and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or DeliveryGuy or its affiliates’ content policies.
 
Disclaimer

Materials posted on the App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the App, or by anyone who may be informed of any of its contents.

Revisions

We shall update the App regularly and may change the content at any time. If the need arises, we may suspend access to the App and the Services or close them indefinitely. Any of the material on the App or the Services may be out of date at any given time, and we are under no obligation to update such material elsewhere except on this Agreement.

App Ownership
The App and all rights therein are and shall remain DeliveryGuy’s property or the property of DeliveryGuy’s licensors. Neither this Agreement nor your use of the App convey or grant to you any rights: (i) in or related to the App except for the limited license granted below; or (ii) to use or reference in any manner DeliveryGuy’s company names, logos, product and service names, trademarks or services marks or those of DeliveryGuy’s licensors.
 
License
Subject to your compliance with this Agreement, DeliveryGuy grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i)access and use the App on your personal device solely in connection with your use of the App; and (ii) access and use any content, information and related materials that may be made available through the App, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by DeliveryGuy and its licensors.
 
Provision of the Services
You acknowledge that portions of the Services may be made available under DeliveryGuy’s various request options, including transportation request brands and the logistic request brands.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii)independent third-party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses. It is at DeliveryGuy’s discretion which brands or request options are made available to you.

Rider Conduct and Responsibilities

By agreeing to provide services as a rider on the DeliveryGuy platform, you acknowledge your understanding and acceptance of these conduct guidelines. DeliveryGuy reserves the right to modify these guidelines as necessary, and riders are responsible for regularly reviewing and complying with the updated terms and conditions.
a) Professional Standards: Riders must maintain a high standard of professionalism while using the DeliveryGuy platform. This includes but is not limited to punctuality, courteous behavior, and adherence to local traffic laws.
b) Vehicle Maintenance and Safety: Riders are responsible for ensuring that their vehicle is well-maintained, safe, and meets all local regulatory requirements. Regular safety checks and maintenance must be conducted to ensure the highest standards of service delivery.
c) Compliance with Laws and Regulations: Riders must comply with all applicable laws, rules, and regulations, including those related to traffic, health and safety, and any specific regulations pertaining to the delivery of goods or services.
p) Communication with Customers: Riders are expected to communicate professionally and respectfully with customers. Any communication should be clear, concise, and focused on providing excellent service.
d) Confidentiality and Privacy: Riders must respect the confidentiality and privacy of customers. This includes not disclosing customer information without consent and handling all customer data in accordance with applicable data protection laws.
e) Prohibited Conduct: Riders are strictly prohibited from engaging in any form of harassment, discrimination, or any behavior that could be deemed threatening or harmful to customers, other riders, or the public. Any form of substance abuse, including operating a vehicle under the influence of drugs or alcohol, is strictly prohibited.
f) Dress Code: Riders are encouraged to present a professional appearance. DeliveryGuy may provide guidelines for a dress code, which riders are expected to follow.
g) Reporting Incidents: Any accidents, safety incidents, or significant customer service issues must be reported to DeliveryGuy immediately through the appropriate channels provided in the App.
h) Adherence to DeliveryGuy Policies: Riders are required to adhere to all policies and guidelines set forth by DeliveryGuy, including those related to service delivery, customer interaction, and platform usage.
i) Consequences of Non-Compliance: Failure to adhere to these conduct guidelines may result in penalties, including but not limited to warnings, suspension of access to the platform, or termination of the rider's account with DeliveryGuy.

Rates

a)    The App is available free of charge to all eligible Users. Users shall be communicated the exact cost of the selected Service via the App and a cost applied representing the actual service demanded via the User’s account on the App.
 
b)    As a User, you agree to pay any amounts charged by DeliveryGuy (the “DeliveryGuy Fee”) and other independent third-party providers for providing Services to you (“Charges”) shall be paid directly to the applicable independent third-party provider, or directly to us.
 
c)     DeliveryGuy Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. DeliveryGuy Fees paid by you are final and non-refundable unless otherwise determined by DeliveryGuy or the relevant personnel providing the Service to you.
 
d)    All DeliveryGuy Fees are due immediately and payment will be facilitated by DeliveryGuy using the preferred payment method designated in your Account, after which DeliveryGuy may send you a receipt by email (which is not equivalent to a tax invoice). If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that DeliveryGuy may, on its own behalf, use a secondary payment method in your Account, if available.
 
e)     As between you and DeliveryGuy, DeliveryGuy reserves the right to establish, remove and/or revise DeliveryGuy Fees at any time in DeliveryGuy’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and DeliveryGuy Fees applicable in certain geographical areas may increase substantially during times of high demand. DeliveryGuy will use reasonable efforts to inform you of Charges and DeliveryGuy Fees that may apply, provided that you will be responsible for Charges and DeliveryGuy Fees incurred under your Account regardless of your awareness of such Charges or DeliveryGuy Fees, as applicable, or the amounts thereof.
f)     You are Responsible for all Other Charges: You are responsible for any fees or other amounts charged by any third parties, such as payment gateways, and any other Apps where required for accessing the Service (Other Charges) and where required such Other Charges shall be paid via your User account on App.

Commissions (For Riders and Affiliates)

Riders who utilize DeliveryGuy's platform for providing services are subject to a commission fee. This commission is a percentage of the total fee earned by the rider for each service rendered. The specific commission rate will be communicated to riders through the App or via email.
a) Processing Fees and Applicable Taxes: In addition to the commission, riders may also responsible for any processing fees and applicable taxes. These will be automatically deducted from the total fees before remittance to the rider.
b) Payment and Deduction of Commission: In cases where customers directly pay the full service fee to the riders, the commission owed to DeliveryGuy will be automatically deducted from the rider's in-app wallet. Alternatively, riders may pay their commission fees directly to DeliveryGuy as per the payment methods available in the App.
c) Adjustments and Changes to Commission Rates: DeliveryGuy reserves the right to adjust the commission rates at any time, at its sole discretion. Riders will be notified of any changes to the commission structure through the App or via email. It is the rider's responsibility to stay informed about the current commission rates and terms.
e) Commission Disputes: Riders have the right to raise disputes regarding commission charges within a specified period after the charge has been made. Disputes must be submitted through the App, following the procedure outlined therein. DeliveryGuy will review and resolve disputes in a timely and fair manner.
f) Incentives and Bonuses: DeliveryGuy may, at its discretion, offer incentives or bonuses to riders for exceptional performance, high customer ratings, or meeting certain service milestones. These incentives or bonuses are subject to separate terms and conditions, which will be communicated to the riders as applicable.

Payment for Services

As part of your User Account you may use any of the payment methods as communicated on the App (each a ‘Payment Method’). You can add a new Payment Method but you must do so before using a Service. You may also be able to add alternative payment methods following the steps set out on the App. Payment Methods include but are not limited to cash, wallets, card or any other method available on the App.

By selecting a particular Payment Method, you acknowledge that you are agreeing to the terms of service of DeliveryGuy’s payment processing partners and the financial institution or payment service provider who has issued your selected Payment Method. You further agree that you will bear the cost or changes of any fees imposed by such payment processing partners or financial institutions in connection with your selected Payment Method.

DeliveryGuy may in its sole and absolute discretion choose to refuse a request to add a Payment Method, including (without limitation) where adding the Payment Method would result in violations of the processes in the App or any prevailing laws and regulations.
 
If you pay for Services using a card denominated in a currency other than the Base Currency or the currency in which the relevant Services are charged (as the case may be), you may be subject to additional foreign exchange fees and rates, for which DeliveryGuy accepts no liability and is unable to give you forewarning.

User Requirements and Conduct

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the App, and you may only use the App for lawful purposes. You shall not, for the avoidance of doubt, use the App to transport, facilitate or procure the transport of illegal or banned substances or items in line with the Goods policy on the App which shall be updated from time to time. You will not, in your use of the App, cause nuisance, annoyance, inconvenience, or property damage to other users or service providers, other third-party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the App, and you agree that you may be denied access to or use of the App if you refuse to provide proof of identity. Failure to comply with the terms of this section may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the DeliveryGuy  App (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
 
Promotions

DeliveryGuy, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with DeliveryGuy. Promotions will in many cases be made available to you via alphanumeric codes (“Promo Codes”). DeliveryGuy reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that DeliveryGuy 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.
 
Promo Codes

You agree that 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 DeliveryGuy;(iii) may be disabled by DeliveryGuy at any time for any reason without liability to DeliveryGuy; (iv) may only be used pursuant to the specific terms that DeliveryGuy establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) DeliveryGuy may establish additional terms relating to specific promotions. DeliveryGuy 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 DeliveryGuy determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User Account, DeliveryGuy may provide you with a “DeliveryGuy Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Riders (“Referred Rider”). DeliveryGuy Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your DeliveryGuy Code. You are prohibited from advertising DeliveryGuy Codes, including but not limited to Google, Facebook, Twitter, Bing and Craigslist or on any other digital App or website owned or controlled by you or any other person. DeliveryGuy reserves the right to deactivate or invalidate any DeliveryGuy Code at any time in DeliveryGuy’s sole discretion.
From time to time, DeliveryGuy may offer you incentives to refer new Users to the DeliveryGuy community (the “Referral Program”). These incentives may come in any form, and DeliveryGuy may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.

Complaints

Any complaint with respect to damaged goods, delay in delivery, or missing goods, must be directed to DeliveryGuy’s registered office, phone call, or email address within 1 day after the completion of the order at the following details support@deliveryguy.africa. Where you fail to lodge a complaint within the specified period the complaint shall be foreclosed and any further complaint in respect of the same order will not be entertained. All complaints must be made by sending an email to DeliveryGuy’s email address, phone call or in writing to the registered address as stated above.

Report Abuse

In the event you are a victim of any abuse on the App or any User has violated this Agreement to your detriment or if you become aware of any objectionable content on App, please report the same to the following e-mail id: support@deliveryguy.africa
 
Other Legal Terms
Disclaimers; Limitation of Liability; Indemnity
 
DISCLAIMERS
THE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DELIVERYGUY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, DELIVERYGUY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE APP, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE APP, OR THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. DELIVERYGUY AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONS PROVIDING SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APP AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
 
DeliveryGuy and its affiliates are not responsible for the conduct, whether online or offline, of any User, Merchant, mobile operator, or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Merchants or any other third party.
 
We are not required to procure insurance for, nor are we responsible for private belongings, such as the damage or loss of private belongings, including but not limited to damage or loss caused by: (i) theft or snatching; (ii) because the belongings are left in a vehicle or left unattended; or (iii) Merchants (or their authorized personnel) when providing a service or a product which you have requested to be delivered through the DeliveryGuy  App. You are advised not to keep your personal belongings unattended, including when you request any persons including Merchant or personnel providing a Service, in your household or other premises.
 
By using the App and participating in the Services, you agree to accept such risks and agree that DeliveryGuy is not responsible for the acts or omissions of Users, Merchants, mobile operators, or any other third party.
 
You acknowledge that DeliveryGuy may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim or documents to process such insurance claims and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that DeliveryGuy is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
DeliveryGuy and its affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User Account or you suspect any other breach of security, you agree to notify us immediately.
 
Location data provided by the App 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 DeliveryGuy, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the App. Any of your information, including geolocational data, you upload, provide, or post on the App may be accessible to DeliveryGuy.
 
Goods In Transit Insurance

As of the date of this Agreement, all eligible Goods delivered through the App shall be covered by a Goods In Transit Insurance of no more than N100,000.00, subject to the terms and conditions of the insurance policy and processes and all other provisions relating to insurance as stated herein.

DELIVERYGUY AND ITS AFFILIATES AND ITS PARTNERS 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 APP OR SERVICES, EVEN IF DELIVERYGUY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELIVERYGUY AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE APP OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE APP OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A PERSONNEL PROVIDING THE SERVICE OR OTHER THIRD PARTY PROVIDER, EVEN IF DELIVERYGUY OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELIVERYGUY AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PERSONNEL PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER OTHER LOGISTICS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL DELIVERYGUY’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE APP, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED DELIVERYGUY’S FEES PAID BY THE USER FOR THE SERVICE IN QUESTION, OR THE EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE ITS SERVICES BUT YOU AGREE THAT DELIVERYGUY, ITS AFFILIATES, MERCHANTS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY DELIVERYGUY’S PERSONNEL OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. 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.
 
INDEMNITY

You agree to indemnify and hold DeliveryGuy, its Affiliates, Partners, Merchant and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, damages, liabilities(including regulatory and legal obligations), and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the App and the Services or services or goods obtained through your use of the App; (ii) your breach or violation of this Agreement or (iii)your violation of the rights of any third party, including third-party personnel utilized for the delivery of the Service or the App.

NOTICES

DeliveryGuy may give notice by means of a general notice on the App, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to DeliveryGuy by written communication to DeliveryGuy’s email address at info@deliveryguy.africa or support@deliveryguy.africa

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