Terms of Service
Kindly read these Terms and Conditions (Terms), which set forth the legally binding terms and conditions between you and Errand360 Technology Services Limited (the Company/We/Us/Our). It governs your access to and the use of our website and all related Applications and services
Our collection and use of personal information in connection with your access to and use of our Services is described in our Privacy Policy
Your access to use of our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Customers (subsequently defined), and others who access or use our Services (collectively referred to as “Users”)
By accessing or using our Services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Acceptance of Terms
When you access our website at www.errand360.ng and/or our mobile applications (“our website” (which includes our blog), “our app” or “My Errand360 App”) as a User and Client, you’re agreeing to be bound by the following Terms and Conditions.
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Our Services are offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the website by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third party service providers to the website that are referenced herein. These Terms apply to every user of our Services
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Certain part of our Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms.
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These Terms apply to all users of our Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
Scope of Errand360 Technology Services Limited
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Errand360 is a trendsetting affordable community delivery hub utilizing bicycles/E-motor-bikes to serve users with demand for quick short errands and delivery services in an eco-friendly way.
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For the purpose of these Terms of Service, “Services” shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”), (c) Shipment services, and (d) Payment services. Any new feature added to, or augmenting our Services, is also subject to these Terms of Service.
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Customers are responsible for the information they provide to Errand360 and Errand360 is not liable for wrong information provided by a Customer.
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Errand360 may make the access to and use of the Application, or certain areas or features of the Application, subject to certain requirements, such as signing up for an account, completing a verification process, meeting specific quality or eligibility criteria.
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Despite the verification process, Errand360 does not assume any responsibility for the confirmation of any User’s identity.
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Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of registered Users.
Eligibility
You must be at least 18 years old and able to enter into legally binding contracts to access and use Errand360 services or register an Errand360 Account. By accessing or using the Application, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a valid contract. If you are under age 18, you may not, under any circumstances or for any reason, use our Services except through a guardian or parent. We may, in our sole discretion, refuse to offer our Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access our Services is revoked where these Terms or use of our Services is prohibited or to the extent offering, sale or provision of our Services conflicts with any applicable law, rule or regulation. You are not eligible to use Errand360 services if you violate any provision of these Terms as determined in Errand360’s sole discretion.
Registration
In order to initiate and commence the use of our Services, all Users must register an account (“Errand360 Account”). If you are registering an Errand360 Account for a company or other legal entity, you warrant and represent to us that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register an Errand360 Account using an email address and creating a password.
By registering for our Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by our Services’ registration form.
You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your password, whether your password is with our Services or a third-party service provider.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account via hello@errand360.ng
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are liable for any and all activities conducted through your Errand360 Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms which may result in immediate termination of your account on our Service.
You agree to strictly observe the security and authentication procedures of the website/service and you will log out from the website by taking proper steps at the end of every visit.
Users’ Representations & Warranties
Representations and warranties are statements and promises made by you to Errand360, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use our Services;
👉 you are over the age of 18 years;
👉 you are of sound mind and have the capacity to initiate and commence a Transaction on the website;
👉 all personal information that you provide about yourself is accurate and true to the best of your knowledge;
👉 you hold a bank account in your own name and will use this account to make payments on the Application;
👉 you have carefully considered the risks involved with using the website, and its Services;
👉 if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization); and
👉 you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
👉 you fully understand the risks involved in the Transaction and you undertake to bear all risks related to the Transaction.
Payment and refunds
✅ Billing: You must provide complete and accurate payment information. Payment for Errand360’s Services shall be made by any of the accepted payment methods as set out on the Website.
✅ Shipping Fees:A shipping fee will be charged for each Shipment, of which shall include all costs related to the Shipment, quoted by Errand360 (“Shipping Fees”). You acknowledge and agree that the Shipping Fees do not include any additional fees arising out of separate agreements with third-party service providers.
✅ Discrepancies: Quotations for Shipping Fees by Errand360 are based on the information provided by you, including but not limited to sender’s address, receiver’s address, weight, dimensions, and value of the items. If there is a discrepancy between the Shipping Fees charged by Errand360 and the costs for the Shipment incurred by Errand360 due to incorrect information that you provided, such as incorrect weight, dimensions, value of the item(s), addresses, or any other information critical to estimate the shipping cost, you will be responsible for such discrepancy amount. Errand360 specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Errand360 is not responsible for any changes or alteration of the Shipping Fees. Errand360 agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but Errand360 makes no representations or warranties regarding the amount of time needed to complete processing.
✅ Wallet:The funds that you maintain in your Errand360 account constitute your “Wallet”. As Service charges are incurred, any such amount will be deducted from your Wallet. Please note that the Shipping Fees for each Shipment are billed immediately a Shipment is confirmed, and the shipping labels are requested, therefore our Services shall be considered as “pre-paid”. Shipping Fees are subject to change as set out in Section 6.3 herein. In order to access our Services, Users’ account balance in Wallet must be positive and not less than 0 (zero) at all times. In event that the amount in the Wallet is of a negative amount, you agree to deposit funds into your Errand360 account to cover any overdrafts within seven days. Where this is not done, it will be deemed a debt owed to Errand360.
✅ Withdrawal: Protecting your payment transactions on our platform is a priority to us. This is why you are required to provide your BVN while making a withdrawal request to verify your identity to avoid data identity theft.
✅ Currency Fluctuations: Errand360 reserves the right to adjust its pricing in response to currency fluctuations, including but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.
✅ Shipping Fee Disputes: If you disagree with any Shipping Fees charged to your account, you shall submit such complaint to Errand360 within thirty (30) days of the fee being charged (“Dispute Period”). Errand360 will not review customer requests for Shipping Fee adjustments that are received after the Dispute Period.
✅ Refunds: You are required to activate your wallet with a non-refundable sum of #2000 (Two Thousand Naira). This amount can only be utilised in paying for the services you enjoy from us and as such is not refundable in any event.
Shipping & Insurance
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Insurance Coverage Packages delivered using a Errand360 bicycles and accredited delivery partner are also subject to Insurance protection provided the shipments are in compliance with Errand360 shipping policies and guidelines.
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Standard Insurance: This insurance is free. However, in the event of a loss, damage or destruction of a package/parcel etc, you will only be liable to a compensation fee of N10,000 (Ten Thousand Naira) in the case where the value of the parcel/package in question exceeds the sum of N10,000 (Ten Thousand Naira) and where the value of the parcel in question is less than the sum of N10,000 (Ten Thousand Naira), then a replacement of the parcel by the Company.
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Customers are responsible for the information they provide to Errand360 and Errand360 is not liable for wrong information provided by a Customer.
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Errand360 may make the access to and use of the Application, or certain areas or features of the Application, subject to certain requirements, such as signing up for an account, completing a verification process, meeting specific quality or eligibility criteria.
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Extended Insurance: This insurance isn’t free. A 2% charge of the total worth of your package is incurred. If there is an issue of missing packages etc, with proof and a laid claim, you are liable to a maximum compensation fee up to N200,000 (Two Hundred Thousand Naira) coverage.
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Value of Items Declaration : Declaring the actual value (cost) of packages/items/goods shipped via Errand360 is mandatory. Errand360 will not be liable for any incorrect value provided users that may cause the confiscation of the packages/items/goods by relevant authorities.
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Delayed Deliveries Pickups may be delayed for any of the following reasons: (i) Inability to reach the pickup contact person via phone (ii) Lack of communication between the merchant/account owner and the pickup contact (iii) Lack of a detailed pickup address
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Packages that are not picked by Errand360 Bicycle riders and Errand360 accredited delivery partner within the pickup Service-Timeliness agreement is liable for cancellation and a full refund will be made. Users are allowed to re-book shipment if they are still interested.
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Pick-up and Drop-off Options: Errand360 users have the options to request for a pick-up or drop-off packages at any designated hub when booking a shipment. Even though pick-up is free, Errand360 will not be liable for any error of users choosing the drop-off option instead of the pick-up option. To rectify this, the shipment is to be cancelled and will have to be re-booked by the user.
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Users are to label packages dropped-off at designated hubs or pickup-up by any Errand360 Bicycle riders and accredited delivery partner. Errand360 will not be liable for any for any missing packages or mixed-up packages for delivery due to lack of labeling these packages.
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Updating Shipping Information: Updating Shipping Information can be initiated by the account owner via email (help@errand360.ng) 3 hours after booking request for the changes to be made. Note that change of address request for shipments in transit may attract a supplementary charge and Errand360 won’t be liable for this charge.
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Taxes and Customs Charges: You acknowledge and agree that all fees, charges and any other rates or amounts charged by Errand360 to you are subject to applicable taxes including value added taxes (“Transaction Taxes”) which may be levied in connection with the supply by Errand360 of our Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Errand360 to you.
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Cancellation of Shipments: Cancellation of shipments (before dispatch) would take effect within 2 hours of the request.
Intellectual Property
✅ 8.1 The Service and its original content, features and functionality are and will remain the exclusive property of Errand360. Our trademarks may not be used in connection with any product or service without the prior written consent of Errand360.
✅ 8.2 Errand360 may, at its sole discretion, enable Users to: (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Application (“User Content”); and (ii) access and view User Content and any content that Errand360 itself makes available on or through the Application, including proprietary Errand360 content and any content licensed or authorized for use by or through Errand360 from a third party (“Errand360 Content” and together with User Content, “Collective Content”).
✅ 8.3 You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using our Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through our Services is or will continue to be accurate
✅ 8.4 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Application or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Errand360 or its licensors, except for the licenses and rights expressly granted in these Terms.
✅ 8.5 By submitting User Content through our Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Application, our Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Application or our Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or our Services. You also hereby do and shall grant each user of the Application and/or our Services a non-exclusive, perpetual license to access your User Content through the Application and/or our Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or our Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
✅ 8.6 Subject to your compliance with these Terms, Errand360 grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the website and accessible to you, solely for your personal and non-commercial use. 8.7 Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
✅ 8.8 We do not guarantee that any content will be made available on the Application or through our Services. We reserve the right to, but do not have any obligation to;
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Remove, edit or modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and
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to remove or block any content from our Services.
Prohibited Activities
✅ You shall not use our Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with our Services. Violation of our rules may result in the termination and cancellation of your Account.
✅ You shall not utilize the website or our Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose.
✅ Errand360, in its sole discretion, may refuse to complete any Transaction that Errand360 has reason to believe is unauthorized or may violate any law, rule or regulation.
✅ The following are types of product that you are prohibited to ship through Errand360 include:
👉 Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
👉 Any product that is fit to be eaten (often used to contrast with unpalatable or poisonous varieties).
👉 Any product this is a precious stone (jewelry) typically a necklaces, rings, or bracelets, that are typically made from or contain jewels and precious metal.
👉 Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to: -Live plants and animals; -Ammunition & firearms; -Illegal substances; -Tobacco; -Firearms and any kind of weapon; -Prescription pharmaceuticals or other dangerous drugs; and -Explosive or hazardous products; Errand360 shall not be liable for any loss, damage, destruction of such prohibited product.
✅ In addition, if any transaction cannot be completed for any reason, including cancellation by Errand360 for any reason, Errand360 will notify each User in such Transaction by e-mail, to the e-mail address each has provided on the website.
✅ You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of our Services. In connection with your use of the Application, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
- use the website or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with Errand360;
- copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the website in any way that is inconsistent with Errand360’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
- use the website in connection with the distribution of unsolicited commercial messages (“spam”);
- use the Site to with the intention to circumvent any Fees for any other reason;
- request, accept or make any payment for orders outside of the Errand360 platform. If you do so, you acknowledge and
agree that you:
- would be in breach of these Terms;
- accept all risks and responsibility for such payment, and
- hold Errand360 harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Platform or Collective Content, or any individual element within the Errand360 platform, Errand360’s name, any Errand360’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Errand360 platform, without Errand360’s express written consent;
- dilute, tarnish or otherwise harm the Errand360 brand in any way, including through unauthorized use of Collective Content, registering and/or using Errand360 or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Errand360 domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Application for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Errand360 or any of Errand360’s providers or any other third party to protect the Application;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Application;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
✅ You acknowledge that Errand360 has no obligation to monitor the access to or use of the Application by any User or to review, disable access to, or edit any User Content, but has the right to do so to
- operate, secure and improve the Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
- ensure Users’ compliance with these Terms;
- comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
- respond to User Content that it determines is harmful or objectionable; or
- as otherwise set forth in these Terms. Users agree to cooperate with and assist Errand360 in good faith, and to provide Errand360 with such information and take such actions as may be reasonably requested by Errand360 with respect to any investigation undertaken by Errand360 or a representative of Errand360 regarding the use or abuse of the Application.
✅ The failure of Errand360 to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right.
✅ Subject to the Terms, Errand360 may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. Errand360 might use the Customer’s personal information to send them updates about their packages, gain feedback, and in general any time Errand360 considers it needed to carry on its Services.
✅ If you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify Errand360 customer service at help@errand360.ng If the Shipment has already been handed over to the Courier, such changes may not become effective, or the Courier may ask a fee to validate the change.
Third Party Services
Errand360 is a technology platform that provides community delivery services to users for short errands with our Customized Bicycles/E-bikes, we also connect shippers and couriers. In no circumstances will Errand360 be liable for any Services provided by any Third-party Courier service. Errand360 is not liable for any damage, destruction, or loss of Shipment, late delivery, and issues with the tracking, by the Third Party Courier service. Errand360 is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier).
If you buy a shipping label from a Courier that does not provide any pickup service, you agree to be responsible to deliver the Shipment to the designated drop-off point. Errand360 is not liable for the delivery time information shown on the Website. Errand360 is not responsible for any delayed delivery.
Furthermore, our Services may further permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by our Services or the Application. These other services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of our Services. If you wish to terminate your Account, you may do so by removing the Application from your device and following the instructions on the Application or through our Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property, Warranty Disclaimers, Indemnity, Limitations of Liability, and Governing Law.
Warranty Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Errand360, its subsidiaries, affiliates, and its licencors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Errand360 shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for:
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any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits)
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data loss or cost of procurement of substitute goods or services, and/or
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any matter beyond such parties’ reasonable control.
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failed, returned or misdirected notifications based on inaccurate information provided by User;
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loss that occur due to failure of User to give accurate information;
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damaged Shipment due to negligence of User;
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any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit a User’s access to the website; or
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any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to User’s or any other person’s computer or mobile device related to or resulting from use of the Application
Indemnity
You agree to indemnify and hold harmless the Errand360, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
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your fraudulent or illegal use of our Services or the Site;
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your negligence or any default by you of any of these Terms;
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any inaccurate or incomplete information that you have provided to us;
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your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
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any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with our Services or your use of the Site.
Upon requesting for our Service, you agree to indemnify and hold harmless Errand360 from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not Errand360 accepts such order.
Limitation of liability
By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
In no event shall Errand360 be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third-party websites and content. Other than as set forth below, in no event shall Errand360’s liability under this agreement exceed the monies paid or payable by you to Errand360 for the applicable services excluding carrier fees or other third party fees (“Damages Cap”). In the event of an unauthorized transaction by a Errand360 employee or agent, Errand360 is only liable for the Damages Cap. Errand360 must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Errand360.
You are responsible to provide complete and accurate information in respect of the Shipment, including but not limited to the item category and item value of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Errand360 for and hold Errand360 harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Errand360 shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Errand360 is in no way responsible for any damages, losses due to custom practice. Errand360 shall not be liable for the accuracy and truthfulness of the information provided by you.
Errand360 shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Errand360 shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
Errand360 is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Errand360. Errand360 is not liable for any delay in the generation of shipping documents.
Governing Law
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria.
Dispute Resolution
Any dispute arising under or in connection with the validity, interpretation and performance of this Terms between Errand360 and any party that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004.
The Parties shall endeavor in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
Changes to Terms & Conditions
We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue our Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Application or by sending you notice through our Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of our Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of our Services following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of our Services going forward. Your use of our Services is subject to the Terms in effect at the time of such use.
Force Majeure
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Entire Agreement and Severability
These Terms are the entire Agreement between you and us with respect to our Services, including use of the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to our Services.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application or Services. You may submit Feedback by emailing us, through the contact section on the Application, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.
By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.