Terms of Service
1.Interpretation
- In these Terms and Conditions unless the context otherwise requires the following expressions shall have the following meanings:
- “DROP X” means MOBILITY X LIMITED, a company incorporated in NIGERIA
- “Participating vehicles” means the vehicles which have agreed with DROPX to accept bookings from you through the Services;
- “Services” means the services as set out in paragraph 3(1);
- “Software” means the DROPX program to which these Terms and Conditions are related;
- “Terms and Conditions” means these terms and conditions as amended from time to time pursuant to paragraph 8.1.
- “Advertisement” means the promotion messages appear on your mobile device during the operation of the Software.
- These Terms and Conditions set out the entire agreement and understanding between DROPX and you on the use of the Software and the Services.
- Words denoting the singular number only shall include the plural and the masculine gender shall include the feminine and neuter and vice versa.
- Unless the context otherwise requires, reference to any paragraph is to the paragraph of these Terms and Conditions.
Licence of the Software
- You are permitted to install a copy of the Software on your mobile device for your use provided that you shall not use the Software or the Services for any commercial purposes.
- You are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties.
- You shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software.
- You shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software.
- You shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes.
- You shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by DROPX.
- Other than the license to use the Software granted in paragraph 2(1), no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by DROPX.
Services
- The Services provided by DROPX are to distribute your details and details of your proposed journey by vehicles submitted to DROPX through the Software to participating vehicles for their acceptance and to provide you with other information on the relevant Participating vehicles, the journey, and on your use of the Services.
- You agree and acknowledge that DROPX is not your agent or the agent of Participating vehicles and is not a party to the contract for the hiring of the Participating vehicles.
- You shall safeguard any login name and password DROPX may provide to you in relation to the Software and the Services and shall not disclose them to third parties; and
- DROPX shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.
Payments on the Service
- Payment amounts quoted are in Nigeria currency and include Nigeria Goods and Services Tax, where applicable.
- Payment transaction fees are covered by DROPX and there are zero fees for the payor but DROPX has the absolute right to revise the prices of any fees without giving prior notice.
- DROPX has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice.
- Any application/request for service is subjected to the availability of resources. In the event any application submitted is not processed, DROPX shall inform the User by email at the email address specified by the User.
- DROPX shall process the application/request for top-up only after the User’s Payment is cleared by the bank appointed by DROPX and upon approval by DROPX.
- DROPX reserves the right to refund to the User the equivalent sum of amount paid in the event DROPX for any reason is unable to process the application/request of Packages/Fees.
- Credits sold are not exchangeable, returnable nor refundable.
- Receipt is issued to the User when the Payment is successful. However, in the event that the Payment is not cleared by the bank, the receipt will be considered void.
Promotions and Advertisements
DROPX may, in Its sole discretion, create promotions that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that DROPX establishes on a per promotions/Advertisement
Disclaimer
- The Software is delivered to you on an “as is” basis and although DROPX has used its best endeavors to ensure that the Software will work properly on your mobile device, DROPX does not warrant the performance of the Software nor the compatibility of the Software with your mobile device.
- DROPX does not warrant the availability of the Services, the availability of vehicles through the use of the Services, the accuracy of the data or information provided as part of the Services or the quality of the services of the Participating vehicles.
- DROPX shall not be liable to you for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of the Services or your installation and / or execution of the Software even if DROPX or its representative has been advised of the possibility of such loss, damage or claim.
- DROPX shall not be liable for any loss or damages, including any injury which you may suffer as a result of your vehicles journey in a Participating Vehicles hired through the Services and all your rights in relation thereto and in relation to the contract for hire between you and the relevant Participating vehicles shall be a matter between you and the relevant Participating vehicles.
- The foregoing limitations and exclusions apply to the extent permitted by law.
Personal Data and Privacy
- You may be required to submit personal information to DROPX in order to use certain functions of the Software.
- You agree that DROPX can use your personal data (namely your name and contact number) as provided by you to DROPX from time to time when you use the Software for the purpose of providing the Services.
- You agree that DROPX is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when DROPX provides the Services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
- You further expressly consent that DROPX is entitled to transfer your personal data to the Participating vehicles as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles when DROPX provides the Services to you.
- You further agree that the collection, use, storage and transfer of your personal data is generally subject to DROPX privacy policy and personal information collection statement the latest version(s) thereof is at “www.dropx.ng”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions.
Limitation of Liability
DROPX is not responsible and shall not be held liable for:
- damage/defect/change of item/property from its original state due to substandard packaging;
- item/property already damaged/defected/changed before the start of the transportation;
- quality of the Services as it is entirely dependent on the Delivery Partner, who is ultimately providing you the transportation and/or logistic services;
- any booking that is not accepted;
- any damages resulting from the use of or inability to use the Services, including damages caused by wrong usage of the Services, error in call center number, network issues, malware, viruses or any incorrectness or incompleteness.
- appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation;
- any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including profit and loss, whether based on contract, tort, negligence, strict liability or otherwise, even if DROPX has been advised of the possibility;
- any lost items during the Services, DROPX will try to locate the items on a “best-effort” basis but is not responsible for any loss or damages of such items.
Without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will DROPX aggregate liability arising out of or in connection with these Terms or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of three times the payment of the order.
Miscellaneous
- DROPX may from time to time amend the terms of these Terms and Conditions by “www.dropx.ng” and such shall be binding on you upon posting.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Nigeria.
- You submit to the non-exclusive jurisdiction of the courts of Nigeria.
- Nigeria reserves the right to change the above Terms and Conditions at any time without prior notice.
Rules of usage
- You shall not use the Software for or to promote any illegal acts.
- You shall not use the Software to produce any email advertisements or spam emails.
- You shall not use the Software in any way to track, stalk, harass or hurt any person.
- You shall not in any way interrupt/destroy the operation of the Software or the servers/network that linked with the Software; Nor violate the network requirements, process, or terms and conditions that were mentioned when using the Software.
- You shall not use the Software in another person’s name.
Changes to our Privacy Policy
We will amend this Privacy Policy from time to time and the updated versions will be posted on our website. Please check back frequently to see any updates or changes to this Privacy Policy. Continuation of the use of any DROP X service without notifying us on any issues, will mean that you are in agreement with our latest Privacy Policy.