Introduction
Updated this 17th day of September 2024
Welcome to Afroshipper Logistics Limited. These Terms of Use (“Terms” or “Agreement”) constitute a legally binding agreement between you (“user,” “shipper”, “you,” or “your”) and Afroshipper Logistics Limited (“Afroshipper,” “we,” “us,” or “our”). By creating an account on Our mobile application, You agree to comply with and be bound by these Terms.
These Terms encompass the provisions outlined in this document as well as those in Our Privacy Policy (make this a link to the user app privacy policy). By accessing and using the Services, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree with any part of this Agreement, You must not access or use the Services. If You are accepting these Terms and using the Services on behalf of a company, business, or organization, You represent and warrant that You have been authorized to do so.
Please read these Terms carefully to understand the rules and restrictions governing Your use of Our products, services, and applications (collectively referred to as the “Services”)
- Our Rights
All rights, titles and interests in and to the Services are and will remain the exclusive property of Afroshipper Logistics Limited. The Services are protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Nothing in the Terms gives You a right to use Our name or any of Our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions You may provide regarding Us, or the Services is entirely voluntary, and We will be free to use such feedback, comments, or suggestions as we see fit and without any obligations to You.
- Signing up on this Application
To become an Afroshipper User, You must meet the following eligibility criteria:
3.1.You must create an account on Our User application. If You are accessing this application as a logistics personnel (Driver), Kindly exit this application and download Our Afroshipper Driver Application (kindly use this as a link to download the Afroshipper driver application) where You can create a driver account.
3.2.You must have the legal capacity to form legally binding contracts under Nigerian governing laws and if You are a minor i.e. under the age of 18 years, You shall not register as a User or use Our Application except with the consent of Your parents or guardian. We reserve the right to terminate Your use and refuse to provide You with access to Your account if it is brought to Our notice or if it is discovered that have no legal capacity to use Our services.
3.3.When creating an account or signing up with Us, You may be required to provide certain information including, but not limited to Personal information and financial information. Please refer to Our Privacy Policy (Make this a link to the user app privacy policy) for further details on the Information We collect and the legal basis for collecting it.
3.4.KYC Verification: After creating and signing up with Us, We will verify Your identity in compliance with Our authentication practices. To create Your first shipment, You would be required to complete Your Tier 1 KYC verification. To enable You to complete your Tier 1 KYC verification, We collect information such as Your name, date of birth, address, postal code, country, state and city of residence country of residence, an open selfie picture and government-issued identity number. For the successful completion of Your Tier 2 KYC verification, We collect information such as Your Bank Verification Number (BVN) and utility bill.
3.5.Virtual Cards:To pay Your shipping fees and experience a faster cross-border payment, We issue a virtual card upon Your request.
3.6.Wallet Funding: When creating an account with Us, You may be required to fund Your wallet to utilize Our services. By Funding Your wallet, You agree to provide accurate and complete information, which will be used to process transactions and verify Your identity.
3.7.All registrations are subject to approval by Afroshipper. We reserve the right to reject any application that does not meet Our eligibility criteria or for any other reason at Our discretion. We reserve the right to request updated documentation or conduct audits to verify ongoing compliance. Failure to meet the eligibility criteria or provide accurate information may result in the rejection of Your application, suspension, or termination of Your account.
3.8.You shall be responsible for maintaining the confidentiality of Your User ID and Password and You shall be responsible for all activities that occur under Your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not under this Terms of Use. We have the right to indefinitely suspend, terminate or block access to Your account with Us and refuse to provide You with access to Our Services.
- Shipping and Delivery Timeframes:
4.1.Afroshipper Logistics Limited (“Afroshipper”) will use its best efforts to ensure that all shipments are processed and delivered in a timely and secure manner, in accordance with the instructions provided by the Shipper and the relevant shipping Agreement.
4.2.Shippers shall provide accurate and complete information regarding the shipment, including but not limited to the recipient’s name, address, contact details, and the nature of the goods being shipped. Afroshipper shall not be liable for delays or non-delivery resulting from inaccurate or incomplete information.
4.3.Shippers shall ensure that all goods are properly packed to withstand the handling and transportation process. Afroshipper is not liable for damage to goods resulting from inadequate or insufficient packaging. Shippers may request professional packaging services from Afroshipper for an additional fee.
4.4.Afroshipper does not guarantee specific delivery times unless explicitly agreed upon in writing. All delivery timeframes provided are estimates, and Afroshipper shall not be liable for delays caused by factors outside of its control, including but not limited to weather conditions, customs clearance, transportation disruptions, strikes, or governmental regulations.
4.5.If a shipment is delayed due to incomplete or incorrect information provided by the Shipper, We will not be liable for any resulting costs or delays. The customer is responsible for providing updated information in such cases and will bear any additional fees for re-routing or re-delivery.
- 5.Shipment Tracking and Delivery Services
5.1.Shippers can track their shipments in real-time through the Afroshipper app dashboard. We offer local delivery services within Nigeria using various transportation methods, including bikes, cars, vans, or trucks, depending on the size of the package and the sender’s preferences. Additionally, We facilitate interstate shipments within Nigeria as well as international shipping between Nigeria and the United States.
5.2.Dispatch payments can be made conveniently using credit or debit cards, or through Afroshipper wallets. Please note that all payments must be completed before the processing of Your shipment.
5.3.Home pickups are available; however, please be aware that additional charges may apply for this service. Alternatively, Users have the option to drop off packages at any Afroshipper office. Shippers are responsible for any damages incurred due to their negligence.
5.4.Shippers can easily access their invoices directly from the Afroshipper User app dashboard for transparency and record-keeping.
5.5.We promptly ship items upon their arrival at Our office. The final shipping weight will be determined at that time, which will supersede any prior estimates provided. All weights will be rounded to the nearest whole number to ensure accuracy in billing. This version is structured for clarity and conciseness while retaining all essential information regarding shipment tracking, delivery services, payment options, and related policies. To provide an accurate shipping quote, please furnish the following details:
i. Destination: State or country
ii. Origin
iii. Quantity and weight of goods
iv. Value of goods
We strongly recommend insuring fragile items to protect against potential damage during transit.
- 6.Search of Goods and Prohibition of Illegal and Prohibited Items
6.1. We reserve the right to inspect any package or shipment at any time during the shipping process. This includes the right to scan, open and search packages to ensure compliance with applicable laws and regulations. Shippers acknowledge that such inspections may be conducted in their presence to verify the contents of the shipment and to ensure that no illegal or prohibited items are being transported.
6.2. Shippers are strictly prohibited from shipping any items that are illegal, restricted, or prohibited by law, including but not limited to:
i. Weapons, explosives, and ammunition.
ii. Illegal drugs and drug paraphernalia.
iii. Counterfeit or pirated materials
iv. Hazardous materials or toxic substances
v. Any goods that violate local, national, or international laws
vi. A comprehensive list of prohibited items is available upon request and will be updated periodically based on applicable regulations.
We strongly recommend insuring fragile items to protect against potential damage during transit.
6.3. The shipper is solely responsible for ensuring that all items shipped comply with applicable laws and regulations in the countries of origin, transit, and destination. Afroshipper will not be held liable for shipments that are seized, delayed, or destroyed due to non-compliance with customs or import/export laws.
6.4. By using Our services, You warrant that You will not send any prohibited items. If a package is found to contain illegal or prohibited items, We will immediately suspend or terminate the shipment and the shipper may be subject to legal action, including fines or penalties imposed by relevant authorities. We reserve the right to report any illegal activities to law enforcement agencies.
- 7. Loss/ Damage of Goods
We are committed to providing reliable shipping services for You. However, in the event of loss or damage to a package during transit, the following terms will apply:
7.1. Insurance Coverage: You have the option to insure Your packages prior to shipment. It is Your responsibility to ensure that adequate insurance coverage is selected based on the declared value of the package. If a package is insured, We will collaborate to assess any reported damage or loss and will facilitate the filing of a liability claim with the insurance provider.
7.2. Claim Process: Upon notification of loss or damage, customers must report the incident to Us within 7 days from the date of delivery or expected delivery. Customers must provide all necessary documentation and evidence related to the claim, including but not limited to photographs of damaged items, receipts, and any other relevant information requested by Us or the insurance provider. We will review the submitted claim and documentation. If additional information is required, customers will be notified promptly.
7.3. Claim Approval and Refund: If a claim is approved by the insurance provider, We will refund the customer equal to 70% of the value of the insured package. The refund will be processed within 30 days of the insurance provider’s approval. Refunds will be issued using the same payment method used for the original transaction unless otherwise agreed upon.
7.4. Customer Liability: In the event of a loss or damage to an insured package, the customer acknowledges that they are liable for any portion of the loss or damage that exceeds the insurance payout. If a package is not insured, Afroshipper will not be held liable for any loss or damage incurred during transit.
7.5. The insurance coverage provided by Afroshipper does not extend to the following: perishable goods, high-value items such as jewelry, precious metals, and antiques; items that are prohibited or restricted by law, losses or damages resulting from acts of God, war, civil unrest, or other unforeseen circumstances. This list is not exhaustive, and Afroshipper reserves the right to exclude or limit coverage for any other items or circumstances at its discretion.
7.6. Non-Refundable Shipping Fees:Please note that Afroshipper will not refund any shipping fees incurred, regardless of whether a claim for loss or damage is filed.
7.7. Limitation of Liability:Afroshipper shall not be liable for any indirect, incidental, special, or consequential damages arising from loss or damage to packages during transit. The liability of Afroshipper for any claims related to loss or damage shall be limited to the refund amount specified above.
7.8. Afroshipper shall make every effort to resolve disputes in good faith. If a resolution cannot be reached, the dispute will be settled in accordance with the Dispute Resolution provisions outlined in the Terms of Use.
- 8. License to Use Our Services
8.1. Subject to these Terms, We grant each user a worldwide, non-exclusive, non-sublicensable, non-transferable and revocable license to use (i.e., to download and use) content solely for purposes of using the Services. The use, reproduction, modification, distribution or storage of any content without prior written permission from Us for any purpose other than for the Services is expressly prohibited.
8.2. This license grant includes all updates, upgrades, new versions and replacement software for Your use in connection with Our Services. Failure to comply with these terms will make You liable for all resulting damage suffered by Afroshipper and all third parties. Unless otherwise provided by applicable law, You agree not to alter, re-design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from the software.
8.3. Any feedback, comments, or suggestions You may provide to Us and Our Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as We see fit without any obligation to You.
- 9. Limitation of Liability
a. Please read this section carefully since it limits the liability of Afroshipper Logistics Limited and its affiliates, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to You. Nothing in this section is intended to limit any rights You may have which may not be lawfully limited.
b. The Services are Available “AS-IS” Your access to and use of the Services are at Your own risk. You understand and agree that the Services are provided to You on an “AS-IS” and “AS-AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ARE PROHIBITED FROM EXPLOITING ANY TECHNICAL GLITCHES OR ERRORS ON OUR APPLICATION FOR FRAUDULENT PURPOSES. USING OUR SERVICE “AS-IS” AND “AS-AVAILABLE” DOES NOT EXEMPT YOU FROM LIABILITY IN SUCH CASES.
c. We make no warranty, or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services (ii) any harm to Your computer system, loss of data, or other harm that results from Your access to or use of the Services and (iii) whether the Services will meet Your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Us or through the Services, will create any warranty or representation not expressly made herein.
d. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED THOUSAND NAIRA (#100,000.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- 10. Force majeure
We shall not be in breach of any obligations under this Agreement or be responsible for any delay in carrying out its obligations if performance is prevented or delayed wholly or in part as a consequence of force majeure. Force majeure means any circumstance beyond the reasonable control of Afroshipper Logistics Limited including but not limited to acts of war, state or national emergency, strike, rebellion, insurrection, government sanctions, actions of regulatory or supervisory authorities, accident, power failure, internet and communication link failure, fire, earthquake, flood, storm, tornadoes, hurricane, epidemic or pandemic, collapse of buildings, fire, explosion, events of force majeure declared by Us, Our partners or service providers involved in the performance of Our obligations in this Agreement or any other act of God or any technical failure caused by devices, matters or materials.
- 11. Breach of these Terms
Without prejudice to Our rights under these Terms, if You breach these Terms in any way, Afroshipper may take such action it deems appropriate to deal with the breach, including suspending Your access to this application, prohibiting You from accessing this application, contacting Your internet service provider requesting that Your access to the website be blocked and/or bringing court proceedings against You.
- 12. Governing Law
These Terms shall be interpreted and governed in accordance with the Laws of the Federal Republic of Nigeria, and You submit to the non-exclusive jurisdiction of the Courts located in Nigeria for the resolution of any dispute.
- 13. Dispute Resolution
13.1. You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by Mediation. Any election to mediate by one party shall be binding on the other. The Mediation proceeding shall be commenced and conducted under the Arbitration and Mediation Act 2023.
13.2. The mediation proceedings may be conducted in person, through the submission of documents, by phone or online. Except as otherwise provided in this Agreement, you and Afroshipper may litigate in court to compel mediation, stay proceedings pending mediation, or confirm, modify, vacate or enter judgment in the resolution reached at mediation.
13.3. Each Party shall individually bear the cost of mediation.
- 14. Changes to Terms and Conditions
Afroshipper reserves the right to change, revise or modify these Terms from time to time by updating this page. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern Our relationship with You. By continuing to use Our Services after the changes become effective, You agree to be bound by the revised Terms.
- 15. Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Us and supersede all prior agreements and understandings. By using Our platform, You acknowledge that You have read, understood, and agreed to these Terms and Conditions. If You do not agree with any part of these terms, please refrain from using Our services.
- 16. Contact
If You have any complaints about Us and Our Services, You may contact Us at hello@afroshipper.com
Complaints Afroshipper Logistics Limited
Email Address: hello@afroshipper.com
Address: Lagos, Nigeria
Hours of Operation: Monday – Saturday 9 am – 5 pm, Sunday – Closed
