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I. Sender Terms and Conditions

PLEASE READ THIS TERMS AND CONDITIONS OF USE (“THE TERMS”) BEFORE USING THIS WEBSITE (THE "WEBSITE") AND/OR THE MOBILE APPLICATION (“THE MOBILE APP”). THE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE MOBILE APP. THE WEBSITE AND/OR THE MOBILE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR THE MOBILE APP, YOU, YOUR REPRESENTATIVE OR/AND SUCCESSORS IN TITLE ARE BOUND BY THE TERMS.

Expidev Technologies Limited (hereinafter referred to as “ETL”) reserves the right to modify the Terms or its policies relating to the service or application at any time, effective upon posting of an updated version of the Terms either on the Website (“ the website “)and/ or the Mobile App (“ the mobile app”). You are responsible for regularly reviewing this Terms. Continued use of the Website and or the Mobile App after any such changes shall constitute your consent to such changes.

1. INTRODUCTION :

ETL is a technology services company that operates a website and mobile application called ‘CarryAm’ that will facilitate its Senders from posting items on the platform to be delivered to various locations by verified Carriers.

ETL agrees to provide access to the CarryAm portal (the “service”) to Senders to post items and select preferred Carriers, subject to the foregoing terms and conditions. For the purposes of these terms and conditions, the term “Agreement” shall mean collectively these terms and conditions set forth herein.

The Website and Mobile App provides specialized service with the purpose of optimizing logistics services and courier delivery services, however without creating any employee relationship with ETL, consequently ETL should be considered only as a service provider with the purpose of scheduling delivery services upon your request. Through the system, ETL allows you to sign up and to access our services in a more efficient manner other than the conventional existing methods. By your means, you can register on the Website or Mobile App through the "Registration" section, pending an evaluation from ETL and the necessary documentation.

The service rendered by us from time to time will be subject to these standard terms and conditions:

2. OBLIGATION OF THE PARTY :

Senders

The Senders post items for Carriers on CarryAm to aid the Senders send items to persons in several destinations. Senders are: Individual senders and corporate senders

A Sender can sign up by using their email address or social media (Facebook or Twitter) account.

 to this service will be able to log-in on the website at www.CarryAm.com or the mobile application upon completion of their registration. The mobile application will be live on iOs and Android.

The Sender can place an item on the site by uploading a description of the item and the delivery location. Please note that your personal information such as phone or email will not be displayed at the time of posting.

The Sender can set a budget price they are willing to pay for the service.

s can login at any time to check the items they have posted and adjust or update the information in the postings. They can review the description, budget and add or remove information. They will also be able to view and respond to messages and questions from carriers.

s can review each bid received from Carriers which will contain the bid amount and a link to the Carrier’s profile.

The can send the Carrier a message on the website or mobile app if required till an item is successfully delivered. Personal details of the Carrier such as email or phone number will not be displayed in the bidding process. s will not be able to send phone numbers or personal emails during the bidding process. The  shall not have access to the Carrier’s personal information until they have selected the preferred carrier and. When the  has confirmed the preferred carrier, the contact details of both  and Carrier will now be visible to both parties for ease of communication. After the delivery has been confirmed in good condition neither party can access personal information of the other party.

After a bid is accepted, the  will be required to make a payment to CarryAm (“Logistics Fee”). The Logistics Fee is the accepted bid plus service charge plus insurance fee. This can be done through the integrated payment partners and CarryAm wallet. The platform also offers cash-on-delivery options where payment is made by the receiver at the drop-off destination.

The  will have the ability to cancel an accepted bid upon payment of the logistics fee. In this case, the User will be refunded the logistics fee less the cancellation fee.

The  can track the location of any item upon the confirmation of a pickup by a Carrier. They will be able to track the item from pick-up until it arrives at the drop-off location and the Carrier confirms delivery.

The  will be able to confirm delivery with a unique code in the application.

4. REPRESENTATIONS AND WARRANTIES :

By using this Website and/or the Mobile App, you expressly represent and warrant that you are legally entitled to enter this Website and/or the Mobile App. The Website and/or Mobile App is not available to children (persons under the age of 18) except under guidance by their parents. You must abide by the policies on age limits governing these Terms. By using this Website or the Mobile App, you represent and warrant that you have the right, authority and capacity to be bound by the Terms. Your participation in using the Website and/or the Mobile App is for your sole and personal use. You may not authorize others to use your user status and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website and/or Mobile App, you agree to comply with all applicable laws in Nigeria.

You may only access the service using authorized means. It is your responsibility to ensure you download the correct application for your device. ETL shall not be liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ETL reserves the right to terminate these Terms should you be using the Mobile App with an incompatible or unauthorized device.

By using the Website and/or Mobile App, you agree that:

  • You shall only use the Website and/or the Mobile App for lawful purposes; you will not use the Website and/or Mobile App for sending or storing any unlawful material or for fraudulent purposes.
  • You shall comply with all applicable laws, rules, and regulations including but not limited to custom, laws, import and export laws and government regulations of any country from where you access this Website and Mobile App.
  • You will keep secure and confidential, your account password or any identification we provide you which allows access to the Website and Mobile App
  • You shall provide us with whatever proof of identity we may reasonably request.
  • You shall only use an authorized access point in accessing the Website and Mobile App.
  • You certify that you shall use the Website and/or Mobile App for your own free will and unrestricted choice and recognize and accept that it shall be your responsibility and risk for using the Website and/or the Mobile App.
  • You acknowledge and declare that you are aware of all the risks involved in the use of the Website and/or Mobile App and contracting services, pledging to reasonably take care.
  • You are the sole and exclusive owner of all user content that you make available through this Website or the Mobile App and you have all rights, licenses, consents, and releases that are necessary to grant to ETL and to the rights in such user content, as contemplated under the Terms.
  • Neither the ’s content nor your posting, uploading, publication, submission or transmission of the ’s content or ETL’S use of the user content (or any portion thereof) on, through or by means of the Website and/or Mobile App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5. PRIVACY POLICY :

  • a. ETL implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected.
  • b. ETL shall not be liable for any loss of user data, including resulting from acts of God, force majeure, that occurred because of the invasions to the Website and/or Mobile App and security breach by unauthorized third parties.
  • c. The  shall have the right to information regarding its account which includes information the User provided on the Web portal and information about the Service. The  may at any time request the correction or erasure its details, by emailing us at contact@carryam.com. ETL will respond to your access and/or correction request within four weeks. The  may also amend their details and withdraw any given consent using your ETL account.
  • d. The  may be required to supply certain business information which is necessary for ETL to provide the Services and which may contain personally identifiable information, including but not limited to, names, e-mail address, IP address and for the Services, information provided during configuration of the Services or any subsequent service call (“Personal Information”). Additionally,  acknowledges that in performing the Services, ETL may, collect and process log data which may include certain source and destination IP addresses, hostname, username, and policy names which may be classed as Personal Information (“Log Data”) (Personal Information and Log Data collectively “Data”). The  acknowledges that ETL is the controller of such Data, and agrees to take all necessary measures to ensure that s are aware that their Personal Information may be processed as part of the Services and that they have given their consent to such processing as well as complied with their responsibilities as data controller or data subjects, as applicable, in accordance with applicable laws and/or regulations. With respect to such Data, the  consents, for its Data to be processed and accessible on a regular basis by ETL, its affiliates, agents and subcontractors for the purposes of providing the Services.

6. TERMINATION :

This Agreement may be terminated at any time by either party: (i) upon written notice if the other party breaches any material term of the Agreement and such breach remains uncorrected for thirty (30) days following written notice; or (ii) immediately, if the other becomes the subject of a voluntary or involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or similar action for the benefit of creditors as a consequence of debt, or if the other party otherwise ceases or threatens to cease business. Upon termination of the Agreement, the ETL shall be entitled to be paid for all work performed, including fees and expenses, up to the effective date of termination.

7. WARRANTY :

In consideration of the fees, ETL will provide the Services and Deliverables in a good and workmanlike manner and in accordance with generally accepted industry standards. SENDER AGREES THAT THE REMEDIES, EXPRESS OBLIGATIONS AND WARRANTIES HEREIN ARE EXCLUSIVE AND IN LIEU OF AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER REMEDY, WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ETL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED UNDER THE AGREEMENT. ETL DOES NOT WARRANT THAT THE SERVICES SHALL MEET USER’S REQUIREMENTS OR THAT USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE.

8. CONFIDENTIALITY :

To the extent that confidential and proprietary information of each party (“Confidential Information”) is exchanged and received in connection with the Services, each party agrees not to use the other party’s Confidential Information except in the performance of, or as authorized by, the Agreement, and not to disclose, sell, license, distribute or otherwise make available such information to third parties. Use by third-party contractors is permitted so long as such contractor has a need to know and is required to maintain the confidentiality of such information as required. “Confidential Information” includes (but is not limited to) Information but does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision; (ii) information previously known by or developed by the receiving party independent of the Confidential Information; (iii) information that the receiving party rightfully obtains without restrictions on use and disclosure; (iv) malicious code, commands, techniques, objectives, or other information of unauthorized third parties discovered during the course of the Services. (b) The receiving party may disclose the disclosing party’s Confidential Information: (i) to the extent required by applicable law or regulation; (ii) pursuant to an order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction; (iii) in connection with any regulatory report, audit or inquiry; (iv) where requested by a regulator with jurisdiction over the receiving party. In the event of such a requirement or request, the receiving party shall give the disclosing party prompt written notice of such requirement or request prior to such disclosure and disclose only as much of the Confidential Information as is required. (c) Notwithstanding the foregoing, ETL may use certain information derived from the Services, once anonymized (“Anonymized Information”) for the following purposes: (i) preparing and distributing statistical reports related to security trends and data patterns; (ii) distributing Anonymized Information to the Users, in compiled or original formats, for the purposes of providing computer security information; and / or (iii) analysis; internal research, product or services development, or for providing general security-related services. Anonymized Information shall not include Personal Information (as defined below) or any information that could identify User.

9. INDEMNITY :

By accepting these terms and by using the Website, the  agrees that you shall defend, indemnify and hold ETL, its licensors, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

  • (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
  • (b) your violation of any rights of any third party, including providers of transportation services arranged via the Website or Mobile App or
  • (c) your use or misuse of the Web Portal.

10. INTELLECTUAL OWNERSHIP :

ETL alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and “or” Mobile App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Mobile App. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Website and/or the Mobile App, or any intellectual property rights owned by ETL. ETL’s name, logo, and the product names associated with this Website and the Mobile App are trademarks of ETL, and no right or license is granted to use them.

11. INTERNET DELAYS :

The use of ETL's quality and Web Portal/App Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications which might be the most acceptable mode of operation. ETL shall not be held responsible for any delays, delivery failures, or other damage resulting from such problems.

12. GOVERNING LAW :

This Agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.

13. MISCELLANEOUS :

  • (i) The parties hereto agree that the terms and conditions contained herein are severable, and in the event any one of them is held to be invalid by a competent court, the said invalid agreements and covenants shall not affect the enforceability or validity of the remainder of this Agreement.

12. ARBITRATION :

The Parties shall endeavor to settle amicably any dispute arising from this Agreement, and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18 LFN 2004 or any statutory re-enactment or modification thereof.s

II. Carrier Terms and Conditions

PLEASE READ THIS TERMS AND CONDITIONS OF USE (“THE TERMS”) BEFORE USING THIS WEBSITE (THE "WEBSITE") AND/OR THE MOBILE APPLICATION (“THE MOBILE APP”). THE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE MOBILE APP. THE WEBSITE AND/OR THE MOBILE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR THE MOBILE APP, YOU, YOUR REPRESENTATIVE OR/AND SUCCESSORS IN TITLE ARE BOUND BY THE TERMS.

Expidev Technologies Limited (hereinafter referred to as “ETL”) reserves the right to modify the Terms or its policies relating to the service or application at any time, effective upon posting of an updated version of the Terms either on the Website (“ the website “)and/ or the Mobile App (“ the mobile app”). You are responsible for regularly reviewing this Terms. Continued use of the Website and or the Mobile App after any such changes shall constitute your consent to such changes.

1. INTRODUCTION :

ETL is a technology services company that operates a website and mobile application called ‘CarryAm’. This will facilitate its users from placing items on the platform to be delivered to several locations by carriers.

ETL agrees to provide access to the CarryAm portal (the “service”) to users through preferred carriers, subject to the foregoing terms and conditions. For the purposes of these terms and conditions, the term “Agreement” shall mean collectively these terms and conditions set forth herein.

The Website and Mobile App provides specialized service with the purpose of optimizing the booking of logistics and courier delivery services, however without creating any employee relationship with ETL, consequently ETL should be considered only as a service provider with the purpose of scheduling logistics services upon your request. Through the system, ETL allows you to sign up and send bids on posted items by users and offer logistics services in a more efficient manner other than the conventional existing methods. By your means, you can register on the Website or Mobile App through the "registration" section, pending an evaluation from ETL and the necessary documentation.

The service rendered by us from time to time will be subject to these standard terms and conditions:

2. OBLIGATION OF THE PARTY :

The main role of the carriers on the platform is to transport the items posted by the Users.There are two types of carriers: Corporate and Individual carriers.

A carrier who has satisfied the requirements of the CarryAm background check and vehicle inspection will be granted full access to the CarryAm portal and be allowed to upload the following additional information. The information they upload will include:

  • i. Services Provided
  • ii. Preferred categories
  • iii. Location; (Town/City) ; and
  • iv. Driver information; (Photo, First name, Last name, Phone number, Email). Drivers who would have to pass the CarryAm background check. Carriers can sign up by using their email address or social media (Facebook or Twitter) account.

Carriers to this service will be able to log-in on the website at www.CarryAm.com or the mobile application upon completion of their registration. The mobile application will be live on iOS and Android.

Carriers can select to receive notifications when users post item in particular categories.

The Carriers can search for items posted on the site by item category, size, pick-up/drop-off location and other criteria. This will show a list of items posted that fall into the requested category.

Carriers will be able to set a default bid price on items by category. When a Carrier signs up on the platform and they have full access, they can set minimum and maximum bid prices on items in a category.

The Carriers can search for items posted on the site by item category, size, pick-up/drop-off location and other selected criteria. The carrier can select multiple criteria at the same time.

Each bid is a binding commitment to transport the item at that price if the carrier’s bid is selected. Carriers will be able to set bids higher or lower than the budget price the User has set. Failing to transport an item whose bid has been selected would cause the carrier to incur penalties.

Carriers will be able to set a default bid price on items by category. When a Carrier signs up on the platform and they have full access, they can set minimum and maximum bid prices on items in any category from their account.

The Carrier shall be able to send messages to the user throughout the bidding and delivery process. Their messages sent during the bidding process to ask questions on the shipment can only be done through the application for quality control and checks. The Carrier will have access to the user’s email and phone number which shall be displayed in the app upon the completion of the bidding process and after the user has paid the logistics fee. This will aid communications between parties in the delivery process.

The User information can only be assessed during the delivery process and will be blocked once delivery is confirmed. The Carrier will not be allowed any form of communication with the User outside the delivery process. This will constitute a breach of the community guidelines and the Carrier may be banned from the service.

The Carrier has the ability to track their drivers on the platform at any time to confirm their location.

The Carrier will be notified when payments are sent to CarryAm by the user and the amount due to them before the completion of the delivery process.

The carrier will be able to cancel an accepted bid but will be subject to penalties from CarryAm that may be financial, including temporary or permanent suspension from the platform.

3. EVALUATION OF USERS

ETL shall evaluate Carrier and vehicles that are registered on the platform, assigning scores or commenting on their service. Evaluations shall be for the exclusive use of ETL in order to better serve Users and may even relieve the Carrier in the event of several complaints. ETL reserves the right to use the evaluations to improve the service, whether for internal or external usage.

4. REPRESENTATIONS AND WARRANTIES :

By using this Website and/or the Mobile App, you expressly represent and warrant that you are legally entitled to enter this Website and/or the Mobile App. The Website and/or Mobile App is not available to children (persons under the age of 18) except under guidance by their parents. You must abide by the policies on age limits governing these Terms. By using this Website or the Mobile App, you represent and warrant that you have the right, authority and capacity to be bound by the Terms. Your participation in using the Website and/or the Mobile App is for your sole and personal use. You may not authorize others to use your user status and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website and/or Mobile App, you agree to comply with all applicable laws in Nigeria.

You may only access the service using authorized means. It is your responsibility to ensure you download the correct application for your device. ETL shall not be liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ETL reserves the right to terminate these Terms should you be using the Mobile App with an incompatible or unauthorized device.

By using the Website and/or Mobile App, you agree that:

  • You shall only use the Website and/or the Mobile App for lawful purposes; you will not use the Website and/or Mobile App for sending or storing any unlawful material or for fraudulent purposes.
  • You shall comply with all applicable laws, rules and regulations including but not limited to custom laws, import and export laws and government regulations of any country from where you access this Website and Mobile App.
  • You will keep secure and confidential, your account password or any identification we provide you which allows access to the Website and Mobile App
  • You shall provide us with whatever proof of identity we may reasonably request.
  • You shall only use an authorized access point in accessing the Website and Mobile App.
  • You certify that you shall use the Website and/or Mobile App for your own free will and unrestricted choice and recognize and accept that it shall be your responsibility and risk for using the Website and/or the Mobile App.
  • You acknowledge and declare that you are aware of all the risks involved in the use of the Website and/or Mobile App and contracting services, pledging to reasonably take care.
  • You are the sole and exclusive owner of all user content that you make available through this Website or the Mobile App and you have all rights, licenses, consents and releases that are necessary to grant to ETL and to the rights in such user content, as contemplated under the Terms.
  • Neither the user content nor your posting, uploading, publication, submission or transmission of the Carrier’s content or ETL’S use of the user content (or any portion thereof) on, through or by means of the Website and/or Mobile App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5. PRIVACY POLICY :

  • a. ETL implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected.
  • b. ETL shall not be liable for any loss of user data, including resulting from acts of God, force majeure, that occurred because of the invasions to the Website and/or Mobile App and security breach by unauthorized third parties.
  • c. The Carrier shall have the right to information regarding its account which includes information the carrier provided on the Web portal and information about the Service. The carrier may at any time request the correction or erasure of personal and/or company details, by emailing us at contact@carryam.com ETL will respond to your access and/or correction request within four weeks. The carrier may also amend their personal and/ or company details and withdraw any given consent using your ETL account.
  • d. The Carrier may be required to supply certain business information which is necessary for ETL to provide the Services and which may contain personally identifiable information, including but not limited to; names, e-mail address, IP address and contact details of designated users and contacts for the Services, information provided during configuration of the Services or any subsequent service call (“Personal Information”). Additionally, Carrier acknowledges that in performing the Services, ETL may, collect and process log data which may include certain source and destination IP addresses, host name, username, and policy names which may be classed as Personal Information (“Log Data”) (Personal Information and Log Data collectively “Data”). The Carrier acknowledges that ETL is the controller of such Data, and agrees to take all necessary measures to ensure that carriers, are aware that their Personal Information may be processed as part of the Services and that they have given their consent to such processing as well as complied with their responsibilities as data controller or data subjects, as applicable, in accordance with applicable laws and/or regulations. With respect to such Data, the Carrier consents, for its Data to be processed and accessible on a regular basis by ETL, its affiliates, agents and subcontractors for the purposes of providing the Services.

6. TERMINATION :

This Agreement may be terminated at any time by either party: (i) upon written notice if the other party breaches any material term of the Agreement and such breach remains uncorrected for thirty (30) days following written notice; or (ii) immediately, if the other becomes the subject of a voluntary or involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or similar action for the benefit of creditors as a consequence of debt, or if the other party otherwise ceases or threatens to cease business. Upon termination of the Agreement, ETL shall be entitled to be paid for all work performed, including fees and expenses, up to the effective date of termination.

7. WARRANTY :

In consideration of the fees, ETL will provide the Services and Deliverables in a good and workmanlike manner and in accordance with generally accepted industry standards. CARRIER (to mean as seen below) AGREES THAT THE REMEDIES, EXPRESS OBLIGATIONS AND WARRANTIES HEREIN ARE EXCLUSIVE AND IN LIEU OF AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER REMEDY, WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ETL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED UNDER THE AGREEMENT. ETL DOES NOT WARRANT THAT THE SERVICES SHALL MEET CARRIER REQUIREMENTS OR THAT USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.

8. CONFIDENTIALITY :

To the extent that confidential and proprietary information of each party (“Confidential Information”) is exchanged and received in connection with the Services, each party agrees not to use the other party’s Confidential Information except in the performance of, or as authorized by, the Agreement, and not to disclose, sell, license, distribute or otherwise make available such information to third parties. Use by third party contractors is permitted so long as such contractor has a need to know and is required to maintain the confidentiality of such information as required. “Confidential Information” includes (but is not limited to) Information but does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision; (ii) information previously known by or developed by the receiving party independent of the Confidential Information; (iii) information that the receiving party rightfully obtains without restrictions on use and disclosure; (iv) malicious code, commands, techniques, objectives, or other information of unauthorized third parties discovered during the course of the Services. (b) The receiving party may disclose the disclosing party’s Confidential Information: (i) to the extent required by applicable law or regulation; (ii) pursuant to an order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction; (iii) in connection with any regulatory report, audit or inquiry; (iv) where requested by a regulator with jurisdiction over the receiving party. In the event of such a requirement or request, the receiving party shall give the disclosing party prompt written notice of such requirement or request prior to such disclosure and disclose only as much of the Confidential Information as is required. (c) Notwithstanding the foregoing, ETL may use certain information derived from the Services, once anonymized (“Anonymized Information”) for the following purposes: (i) preparing and distributing statistical reports related to security trends and data patterns; (ii) distributing Anonymized Information to the carriers, in compiled or original formats, for the purposes of providing computer security information; and / or (iii) analysis; internal research, product or services development, or for providing general security related services. Anonymized Information shall not include Personal Information (as defined below) or any information that could identify Carrier.

9. INDEMNITY :

By accepting these terms and by using the Website, the Carrier agree that you shall defend, indemnify and hold ETL, its licensors, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

  • (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
  • (b) your violation of any rights of any third party, via the Website of Mobile App or
  • (c) your use or misuse of the Web Portal.

10. INTELLECTUAL OWNERSHIP :

ETL alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and “or” Mobile App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Mobile App. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Website and/or the Mobile App, or any intellectual property rights owned by ETL. ETL’s name, logo, and the product names associated with this Website and the Mobile App are trademarks of ETL, and no right or license is granted to use them.

11. INTERNET DELAYS :

The use of ETL's quality and Web Portal/App Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications which might be the most acceptable mode of operation. ETL shall not be held responsible for any delays, delivery failures, or other damage resulting from such problems.

12. GOVERNING LAW :

This Agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.

13. MISCELLANEOUS :

  • (i) The parties hereto agree that the terms and conditions contained herein are severable, and in the event any one of them is held to be invalid by a competent court, the said invalid agreements and covenants shall not affect the enforceability or validity of the remainder of this Agreement.
  • (ii) During the course of providing the services and for a period of one year thereafter Carrier shall not directly or indirectly entice, encourage or make any offer to ETL’s employees to leave their employment with the ETL.

12. ARBITRATION :

The Parties shall endeavour to settle amicably any dispute arising from this Agreement, and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18 LFN 2004 or any statutory re-enactment or modification thereof.

III. Agent Terms and Conditions

PLEASE READ THIS TERMS AND CONDITIONS OF USE (“THE TERMS”) BEFORE USING THIS WEBSITE (THE "WEBSITE") AND/OR THE MOBILE APPLICATION (“THE MOBILE APP”). THE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE MOBILE APP. THE WEBSITE AND/OR THE MOBILE APP IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE AND/OR THE MOBILE APP, YOU, YOUR REPRESENTATIVE OR/AND SUCCESSORS IN TITLE ARE BOUND BY THE TERMS.

Expidev Technologies Limited (hereinafter referred to as “ETL”) reserves the right to modify the Terms or its policies relating to the service or application at any time, effective upon posting of an updated version of the Terms either on the Website (“ the website “)and/ or the Mobile App (“ the mobile app”). You are responsible for regularly reviewing this Terms. Continued use of the Website and or the Mobile App after any such changes shall constitute your consent to such changes.

1. INTRODUCTION :

ETL is a technology services company that operates a website and mobile application called ‘CarryAm’ that will facilitate its users from placing items on the platform to be delivered to several locations by carriers.

ETL agrees to provide access to the CarryAm portal (the “service”) to users through preferred carriers, subject to the foregoing terms and conditions. For the purposes of these terms and conditions, the term “Agreement” shall mean collectively these terms and conditions set forth herein.

The Website and Mobile App provides specialized service with the purpose of optimizing the booking of logistics and courier delivery services, however without creating any employee relationship with ETL, consequently ETL should be considered only as a service provider with the purpose of scheduling logistics services upon your request. Through the system, ETL allows you to sign up and to request logistics services in a more efficient manner other than the conventional existing methods. By your means, you can register on the Website or Mobile App through the "Registration" section, pending an evaluation from ETL and the necessary documentation.

The service rendered by us from time to time will be subject to these standard terms and conditions:

2. OBLIGATION OF THE PARTY :

Agents aim on the platform is to support and promote activities on the platform. They are: Referral agents, Logistics agents and Super agents (“the Agent”)

The referral agents focus on attracting more users to the platform.

The logistics agents provide services such as pick-up and drop-off points, warehousing services.

The Super Agents can build a network of sub-agents under agent account. Only verified corporate agents can add persons to be sub-agents on their account.

The potential Agent will go to the site with full access and upload the following information. The information they upload will include:

  • i. First Name, Last Name
  • ii. Photo
  • iii. Services Provided
  • iv. Location; (Town/City)

Agents can sign up by using their email address or social media (Facebook or Twitter) account.

Agents will be able to log-in on the website at www.CarryAm.com or the mobile application upon completion of their registration. The mobile application will be live on iOS and Android and it will be free to download.

3. REPRESENTATIONS AND WARRANTIES :

By using this Website and/or the Mobile App, you expressly represent and warrant that you are legally entitled to enter this Website and/or the Mobile App. The Website and/or Mobile App is not available to children (persons under the age of 18) except under guidance by their parents. You must abide by the policies on age limits governing these Terms. By using this Website or the Mobile App, you represent and warrant that you have the right, authority and capacity to be bound by the Terms. Your participation in using the Website and/or the Mobile App is for your sole and personal use. You may not authorize others to use your user status and you may not assign or otherwise transfer your user account to any other person or entity. When using the Website and/or Mobile App, you agree to comply with all applicable laws in Nigeria.

You may only access the service using authorized means. It is your responsibility to ensure you download the correct application for your device. ETL shall not be liable if you do not have a compatible device or if you have downloaded the wrong version of the Mobile App. ETL reserves the right to terminate these Terms should you be using the Mobile App with an incompatible or unauthorized device.

By using the Website and/or Mobile App, you agree that:

  • You shall only use the Website and/or the Mobile App for lawful purposes; you will not use the Website and/or Mobile App for sending or storing any unlawful material or for fraudulent purposes.
  • You shall comply with all applicable laws, rules and regulations including but not limited to custom laws, import and export laws and government regulations of any country from where you access this Website and Mobile App.
  • You will keep secure and confidential, your account password or any identification we provide you which allows access to the Website and Mobile App
  • You shall provide us with whatever proof of identity we may reasonably request.
  • You shall only use an authorized access point in accessing the Website and Mobile App.
  • You certify that you shall use the Website and/or Mobile App for your own free will and unrestricted choice and recognize and accept that it shall be your responsibility and risk for using the Website and/or the Mobile App.
  • You acknowledge and declare that you are aware of all the risks involved in the use of the Website and/or Mobile App and contracting services, pledging to reasonably take care.
  • You are the sole and exclusive owner of all user content that you make available through this Website or the Mobile App and you have all rights, licenses, consents and releases that are necessary to grant to ETL and to the rights in such user content, as contemplated under the Terms.
  • Neither the user content nor your posting, uploading, publication, submission or transmission of the user content or ETL’s use of the user content (or any portion thereof) on, through or by means of the Website and/or Mobile App will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

4. PRIVACY POLICY :

  • a. ETL implements appropriate security measures to safeguard and help prevent unauthorized access, change, unauthorized disclosure or removal without permission of any information collected.
  • b. ETL shall not be liable for any loss of user data, including resulting from acts of God, force majeure, that occurred because of the invasions to the Website and/or Mobile App and security breach by unauthorized third parties.
  • c. The Agent shall have the right to information regarding its account which includes provided on the Web portal and information about the Service. The Agent may at any time request the correction or erasure of its details, by emailing us at contact@carryam.com. ETL will respond to your access and/or correction request within four weeks. The Agent may also amend its details and withdraw any given consent using your ETL account.
  • d. The Agent may be required to supply certain business information which is necessary for ETL to provide the Services and which may contain personally identifiable information, including but not limited to, names, e-mail address, IP address and contact details of designated users and contacts for the Services, information provided during configuration of the Services or any subsequent service call (“Personal Information”). Additionally, Agent acknowledges that in performing the Services, ETL may, collect and process log data which may include certain source and destination IP addresses, host name, username, and policy names which may be classed as Personal Information (“Log Data”) (Personal Information and Log Data collectively “Data”). The Agent acknowledges that ETL is the controller of such Data, and agrees to take all necessary measures to ensure that agents, are aware that their Personal Information may be processed as part of the Services and that they have given their consent to such processing as well as complied with their responsibilities as data controller or data subjects, as applicable, in accordance with applicable laws and/or regulations. With respect to such Data, the Agent consents, for its Data to be processed and accessible on a regular basis by ETL, its affiliates, agents and subcontractors for the purposes of providing the Services.

5. TERMINATION :

This Agreement may be terminated at any time by either party: (i) upon written notice if the other party breaches any material term of the Agreement and such breach remains uncorrected for thirty (30) days following written notice; or (ii) immediately, if the other becomes the subject of a voluntary or involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or similar action for the benefit of creditors as a consequence of debt, or if the other party otherwise ceases or threatens to cease business. Upon termination of the Agreement, the ETL shall be entitled to be paid for all work performed, including fees and expenses, up to the effective date of termination.

6. WARRANTY :

In consideration of the fees, ETL will provide the Services and Deliverables in a good and workmanlike manner and in accordance with generally accepted industry standards. AGENT AGREES THAT THE REMEDIES, EXPRESS OBLIGATIONS AND WARRANTIES HEREIN ARE EXCLUSIVE AND IN LIEU OF AND TO THE EXCLUSION (TO THE FULLEST EXTENT PERMITTED BY LAW) OF ANY OTHER REMEDY, WARRANTY, CONDITION, TERM, UNDERTAKING OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THE AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ETL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND STATUTORY OR OTHER WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE AGREEMENT AND ITEMS OR ACTIVITIES CONTEMPLATED UNDER THE AGREEMENT. ETL DOES NOT WARRANT THAT THE SERVICES SHALL MEET AGENT’S REQUIREMENTS OR THAT USE OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.

7. CONFIDENTIALITY :

To the extent that confidential and proprietary information of each party (“Confidential Information”) is exchanged and received in connection with the Services, each party agrees not to use the other party’s Confidential Information except in the performance of, or as authorized by, the Agreement, and not to disclose, sell, license, distribute or otherwise make available such information to third parties. Use by third party contractors is permitted so long as such contractor has a need to know and is required to maintain the confidentiality of such information as required. “Confidential Information” includes (but is not limited to) Information but does not include: (i) information that was publicly available at the time of disclosure or that subsequently becomes publicly available other than by a breach of this provision; (ii) information previously known by or developed by the receiving party independent of the Confidential Information; (iii) information that the receiving party rightfully obtains without restrictions on use and disclosure; (iv) malicious code, commands, techniques, objectives, or other information of unauthorized third parties discovered during the course of the Services. (b) The receiving party may disclose the disclosing party’s Confidential Information: (i) to the extent required by applicable law or regulation; (ii) pursuant to an order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction; (iii) in connection with any regulatory report, audit or inquiry; (iv) where requested by a regulator with jurisdiction over the receiving party. In the event of such a requirement or request, the receiving party shall give the disclosing party prompt written notice of such requirement or request prior to such disclosure and disclose only as much of the Confidential Information as is required. (c) Notwithstanding the foregoing, ETL may use certain information derived from the Services, once anonymized (“Anonymized Information”) for the following purposes: (i) preparing and distributing statistical reports related to security trends and data patterns; (ii) distributing Anonymized Information to the Agents, in compiled or original formats, for the purposes of providing computer security information; and / or (iii) analysis; internal research, product or services development, or for providing general security related services. Anonymized Information shall not include Personal Information (as defined below) or any information that could identify Agent.

8. INDEMNITY :

By accepting these terms and by using the Website, the Agent agree that you shall defend, indemnify and hold ETL, its licensors, subsidiaries, affiliates, officers, directors, users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

  • (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
  • (b) your violation of any rights of any third party, arranged via the Website of Mobile App or
  • (c) your use or misuse of the Web Portal.

9. INTELLECTUAL OWNERSHIP :

ETL alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Website and “or” Mobile App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website and the Mobile App. These Terms are not a sale and does not convey to you any rights of ownership in or related to the Website and/or the Mobile App, or any intellectual property rights owned by ETL. ETL’s name, logo, and the product names associated with this Website and the Mobile App are trademarks of ETL, and no right or license is granted to use them.

10. INTERNET DELAYS :

The use of ETL's quality and Web Portal/App Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications which might be the most acceptable mode of operation. ETL shall not be held responsible for any delays, delivery failures, or other damage resulting from such problems.

11. GOVERNING LAW :

This Agreement shall be governed and construed in accordance with the Laws of the Federal Republic of Nigeria.

12. MISCELLANEOUS :

  • (i) The parties hereto agree that the terms and conditions contained herein are severable, and in the event any one of them is held to be invalid by a competent court, the said invalid agreements and covenants shall not affect the enforceability or validity of the remainder of this Agreement.
  • (ii) During the course of providing the services and for a period of one year thereafter Agent shall not directly or indirectly entice, encourage or make any offer to ETL’s employees to leave their employment with the Company.

12. ARBITRATION :

The Parties shall endeavour to settle amicably any dispute arising from this Agreement, and any dispute which cannot be resolved amicably shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, Cap A18 LFN 2004 or any statutory re-enactment or modification thereof.

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