Please read these Terms and Conditions of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Company’s Platform, you agree to comply with and be bound by these Terms and Conditions of Service. Again, please read it carefully.
Last Updated: May 31, 2021
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The following contains the general terms and conditions of contract under which Bamigbe, Inc. (“the Company”) is engaged in the transportation of Package shipments itself and jointly through interchange with its affiliates via the services described below. These Terms and Conditions of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and the Company (as defined below) governing your access to and use of the Company website, including any subdomains thereof, and any other websites through which the Company makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Company Services“). The Site, Application and Company Services together are hereinafter collectively referred to as the “Company Platform”.
When these Terms mention “Bamigbe,” “the Company,” “we,” “us,” or “our,” it refers to the Bamigbe Company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Account as determined by either your express selection or by our assessment of your residence using various data attributes associated with your Account.
The Company’s Terms are effective on the date set forth above and are subject to change without prior notice. The most current and controlling version of the Terms is published periodically in printed form and electronically on the Company’s website. In tendering a Shipment for service, the Shipper, Carrier, and Recipient agree that the version of the Terms in effect at the time of shipping will apply to the shipment and its transportation.
- Scope of Company Services
The Services comprise mobile applications and related services (each, an “Application”), which enable users to arrange and schedule transportation, logistics and/or delivery services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with the Company or certain of the Company’s affiliates (“Third Party Providers”). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH BAMIGBE AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
- Account Registration and Privacy
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to us certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by the Company. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by the Company in writing, you may only possess one Account.
- Definitions Used
- “Airport” means any place where aircraft or airplanes regularly take off and land, with buildings for passengers and flight management.
- “Business day” means Monday through Friday except the following international holidays: New Year’s Day, Independence Day, Christmas Day (December 25), and New Year’s Eve (December 31).
- “Carrier” refers to the party holding a Company account used to process and tender a Shipment through the Company’s Site(s) and or Platform, from the Shipper to the Recipient. The term Carrier does not include, for example, a party to whom a Shipment was Third Party or collect billed, the party who drops off a package, or a party that uses another party’s account for a Shipment
- “Charges” means all applicable transportation and other charges including, but not limited to, all applicable accessorial charges, brokerage service fees, surcharges, additional handling charges and late payment fees. Any such Charges, including but not limited to any surcharges, are not intended solely to cover the cost of providing service and may result in profit to the Company
- “Claimant” means any person asserting any claim in any forum for legal or equitable relief – including, but not limited to, any claim for damages, refunds, credits, injunctive relief, and declaratory relief – arising out of or related to the provision of services by the Company.
- “C.O.D.” means for all purposes Collect on Delivery. Carriers do not COD and are paid on receipt of the Shipment/Package by the Recipient.
- “Commercial” refers to any address that is not a Residential address.
- “Delivery” shall be deemed to include, but not be limited to any of the following: (1) delivery to the Carrier or the Carrier’s actual or apparent agent or representative, or pursuant to Carrier’s instructions, (2) delivery to the address or location specified in the Carrier’s instruction or to any person present at such address, or (3) delivery otherwise permitted under the Terms.
- “Drop Shipment” means any Shipment tendered pursuant to a written agreement or prior arrangement between the Company and a specific Shipper that permits the Shipper to tender quantities of individual Packages directly to the Company at the Company’s preapproved designated location.
- “Letter Rates” refers to the Company’s Rates applicable to single package Shipments using envelope or letter packaging containing correspondence, urgent documents, or electronic media, with an actual weight of eight (8) ounces or less.
- “Package” means any container and its contents inspected by and packaged in front of the Carrier, and include any article that may be handled without packaging if the handling thereof can be accomplished in a reasonably safe and practicable manner.
- “Perishable Commodity” refers to a perishable commodity or a commodity requiring protection from heat or cold, including, but not limited to, live animals, foods, dry ice, flowers, and or biological materials.
- “Receiver,” “Recipient,” or “Consignee” refers to the party to whom the Shipment is being sent.
- “Residential” refers to an address that is a home, including, but not limited to, a business operating out of a home. If an address can be construed as either Residential or Commercial, then it will be considered Residential.
- “Shipment” refers to one or more Packages, shipped through a single Carrier to one Receiver.
- “Shipper” refers to the party holding a Company account used to process and tender a Shipment through the Company’s Site(s) and or Platform, from the Shipper o the Carrier. The term Shipper does not include, for example, a party to whom a Shipment was Third Party or collect billed, the party who drops off a package, or a party that uses another party’s account for a Shipment.
- “Third Party” means any party that is not the Shipper or Recipient/Receiver/Consignee.
- Definitions Used
- RestrictionsItems No Accepted for TransportationAny items prohibited by country laws and regulations. Shipper bears the responsibility of ensuring that Packages comply with respective Airport countries; Animal (live or deceased);Any Package with an actual value of more than $50,000; Coins, cash, currency, bonds, postage stamps, money orders, and negotiable instruments (such as drafts, bills of exchange, or promissory notes, but excluding checks); Unset precious stones, metals, and industrial diamonds; Biological materials and or hazardous waste;Human remains, fetal remains, human body parts, or components thereof; Fireworks; Replica or inert explosives or weapons that bear an appearance to actual explosives or weapons (except as a contractual service);Packages containing marijuana, including marijuana intended for medicinal use; andPackages with an actual weight of more than 23 kilograms/50 pounds. If found exceeding the above weight, Shipper will be subject to one or more of the following additional charges: Over Maximum Weight, Over Maximum Length, or Over Maximum Size. Such charges apply in addition to all other applicable Charges including, but not limited to, a Airline Luggage Surcharge;Acceptable Items (including, but not limited to)Alcoholic Beverages;Clothing;Books;Fragile/Glass made items;Perfumery;Kitchen and Cutlery items;Electronic Devices (no lithium batteries included);Perishable Commodities (must be approved by the Company in writing);Pharmaceuticals; andTobacco Products (must be approved by the Company in writing).
- Shipping Fees and Rates
Shipping Rates refer to the effective rates for Shipments originating in the countries established by the Company for the service selected by the Shipper that apply to the Shipper and the Package, and are in effect at the time of shipping. Shipping Fees includes any additional charges or rates for nonstandard service, or additional or nonstandard usage, and any other additional charges referenced within the Terms, or those applicable additional rates set out in any customized contracts. The Company reserves the right to modify its Shipping Fees and Rates, at its own discretion.
- Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Company Platform. In connection with your use of the Platform, 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, Policies or Standards;
- use the Company Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies the Company’s endorsement, partnership or otherwise misleads others as to your affiliation with the Company;
- use the Company Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- contact another Member for any purpose other than asking a question related to a your own Shipment, or the Member’s use of the Company’s Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the Company Platform to request, make or accept a Shipment independent of the Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Shipment outside of the Company Platform or the Company Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold the Company harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- dilute, tarnish or otherwise harm the Company brand in any way, including through unauthorized use of Collective Content, registering and/or using the Company or derivative terms in domain names, trade names, trademarks, logo, 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 the Company’s 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 Company Platform for any purpose;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Company Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Company Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You understand that use of the Services may result in charges to you for the services or goods you receive (“Charges”). The Company will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a shipping fee, Airport surcharges or processing fees for split payments.
All Charges and payments will be enabled by the Company using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by the Company.
As between you and the Company, the Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in the Company’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. The Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. The Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. The Company may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and the Company will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. The Company will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to the Company or its affiliates, where The Company is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from the Company for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and the Company will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to taxicab transportation services requested through the Application, the Company does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by the Company (on the Company’s website, in the Application, or in the Company’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that The Company provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
- Account Suspension, Termination, Service Cancellation, Refunds, and other Measures
This Agreement shall be effective for the duration of a Company Member’s Account, until such time when you or the Company will terminate the Agreement in accordance with this provision. You may terminate this Agreement at any time by cancelling your account on the Company Platform or by sending us an email. If you cancel your account, any confirmed Shipment will be automatically cancelled and your Carrier will receive a full refund for any expenses incurred.
Without limiting our rights specified below, the Company may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address. The Company may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) the Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Company, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, the Company may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during your Account registration, Listing process or thereafter, (iv) you and/or your representatives at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews by other Member or the Company otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed trips/shipments or failed to respond to shipment requests without a valid reason, or (vii) the Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Company, its Members, or third parties, or to prevent fraud or other illegal activity.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by the Company and an opportunity to resolve the issue to the Company’s reasonable satisfaction. If we take any of the measures described above (i) we may refund your Carrier in full for any and all incurred shipping expenses due from the cancellation, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed shipments that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your Account or any of your Member Content. If your access to or use of the Company Platform has been limited or your Account has been suspended or this Agreement has been terminated by us, you may not register a new Account or access and use the Company Platform through the Account of another Member.
- Disclaimer and Limitations of Liability
The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our Site and Platform is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Sites and services will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our Sites and services will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and will not be responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our services shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these Terms.
The Company’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, direct/incidental/consequential loss, claim and expense, including reasonable attorney’s fees, arising from your use of our Site(s), Platform, or your violation of these Terms, your interaction with any Company Account Member, country taxes, or your breach of any international laws, regulations or third party rights.
- Feedback, Ratings, and Reviews
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Company’s Sites and Platform (“Feedback“). You may submit Feedback by contacting us, through the Company Sites and Platform, 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.
- Severability of these Terms
If any part of these Terms are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms are fully enforceable and legally binding.
- Compliance with Governing Law and Dispute Resolution
You agree to obey all applicable laws while using our Site and Platform. You agree that the substantive laws of New York govern these Terms without regard to conflicts of law provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the substantive laws of New York. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in the state of New York. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
- General Provisions
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between the Company and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between the Company and you in relation to the access to and use of the Company’s Platform.
No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s Platform. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without the Company’s prior written consent. The Company may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given via email, Platform notification, and or messaging service provided by the Company. For notices made to Members, the date of receipt will be deemed the date on which the Company transmits the notice.
Please contact us if you have any questions and or concerns about these Terms.