Terms of Service

These Terms and Conditions ("Terms") govern your use of the Now-Now Dispatch services ("The Services"), including our website, content, mobile applications (or portions thereof) or other services that are made available by NOW NOW DISPATCH, a company established in Nigeria, having its offices at No. 27 Spring Road, Calabar, Cross River State, Nigeria, registered at the Corporate Affairs Commission with registration number 2646721 ("Now Now Dispatch").

By using the Services, you agree to be bound by these Terms and acknowledge our Privacy Policy, which explains how we collect, use, and share information.

The Services comprise a platform that presents you the opportunity which you can engage to send your products, goods, packages or items through our Associates from your address, store, location, office or warehouse to any location within our coverage areas in Nigeria. In some cases, picking, packing or delivery services may be performed by third parties including a retailer, a Partner or third-party logistics provider (collectively, "Third Party Providers").

When you use the Services, you authorize the delivery of those products, goods, packages or items from and to any point you select. Unless otherwise specified, you acknowledge and agree that Now Now Dispatch is acting as your agent in picking, packing and/or delivering goods owned by you or in your possession to your indicated persons/locations.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Now Now Dispatch, Now Now Dispatch does not form any employment or agency relationship with you and does not hold title to any products, goods, packages or items, that you indicated through the Services.

1. YOUR USE OF THE SERVICES

Now Now Dispatch grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose (for example, you may not "scrape" the Services through automated means or "frame" any part of our Services), and you may not interfere or attempt to disrupt our Services.

Some parts of our Services may allow you to upload or submit content (such as text, images, video, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Now Now Dispatch a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Now Now Dispatch may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software or portions of software, in our Services, may be governed by open-source licenses. In that case, we will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using Now Now Dispatch on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a register as a user. You agree that you are responsible for all conduct and transactions that take place on your account and that you will take precautions to keep your password and other account information secure. Now Now Dispatch reserves the right to decline orders, refuse partial or full delivery, terminate your registration, and/or cancel your service request at any time at its sole discretion.

We are constantly modifying and improving our Services. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback or comments regarding the Services, you grant Now Now Dispatch the right to use such feedback or comments for any purpose without restriction or payment to you or any agent.

2. NOW NOW DISPATCH COMMUNICATIONS

By registering as a Now Now Dispatch user on our website and application, you agree to accept and receive communications from us, including via e-mail, text messages, calls, and push notifications to the cellular telephone number and email you provided to us.

You understand and agree that you may receive communications generated by automatic telephone dialling systems and/or which will deliver prerecorded messages sent by or on behalf of NowNow Dispatch, its affiliated companies and/or our partners, including but not limited to communications concerning your service request through your registration on the Now Now Dispatch platform. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time by sending an email to support@nownowdispatch.com.

3. THIRD-PARTY PRODUCTS AND CONTENT

You agree that Now Now Dispatch does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you request our Services, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Now Now Dispatch will have no liability based on such engagement, use or access.

4. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

The services are provided "as is" and "as available" to the maximum extent permitted by applicable laws. Now Now Dispatch disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, Now Now Dispatch makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by Independent Partners or third-party providers, or that the services will be uninterrupted or error-free, Now Now Dispatch does not guarantee the quality, suitability, safety or ability of user, third party providers, or retailers. You agree that the entire risk arising out of your use of the services, any services provided by independent partners or third-party providers, or any service requested by you or delivered to you, remains solely with you.

You agree that neither Now Now Dispatch nor its affiliates, retail partners, independent partners, licensors, or suppliers is responsible for the fitness or conduct of any Now Now Dispatch associates nor its affiliates, retail partners, independent partner will be liable for any claim, injury or damage arising in connection with the acts or omissions of any third party provider.

If you have a dispute with any of Now Now Dispatch Associates or its Independent partners or Third Party Providers, you agree to release Now Now Dispatch (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners and licensors) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

5. LIMITATION OF LIABILITY

In no event shall Now Now Dispatch (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. In no event shall Now Now Dispatch (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the services, any services provided by personal shoppers or third-party providers, or any products requested by you or delivered to you, even if we or our agents or representatives know or have been advised of the possibility of such damages. This provision applies to the maximum extent permitted by applicable law.

6. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Now Now Dispatch and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorised use of the Services or any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation

7. DISPUTES & ARBITRATION

In case of any dispute with Now Now Dispatch arising out of your use of the Services, you agree to contact us first and attempt to work out any such dispute amicably. Mandatory Arbitration: If we are unable to work out a solution amicably within 21 days, such dispute shall be referred to arbitration in accordance with the Arbitration and Conciliation Act 2004.

The disputing Parties shall nominate a sole Arbitrator to resolve the dispute and in the event that the Parties are unable to agree on the choice of the Arbitrator within fourteen (14) days, then either Party shall be entitled to refer the matter to the Chartered Institute of Arbitrators of Nigeria. Class action waiver: to the extent permissible by law, all claims must be brought in the parties' individual capacity, and not as a class member in any purported class, collective action, or non-paga representative proceeding (collectively "class action waiver"). The arbitrator may not consolidate more than one person's claims or engage in any class arbitration. You agree that, by entering into these terms, you and Now Now Dispatch are each waiving the right to participate in a class action. In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.

Paga waiver: to the extent permissible by law, there will be no right or authority for any dispute to be brought, heard, or arbitrated on a group basis or in any action in which a party seeks to represent other individuals in a private attorney general action ("paga waiver"). Paga claims may only be arbitrated on an individual basis.In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if the review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration. Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

8.TERMINATION

You can stop using the Now Now Dispatch Services at any time and without notice to us. Similarly, we may terminate access to the Services to you or any other users or stop offering the Service at any time without notice.

Third-party service providers soliciting Now Now Dispatch customers as your own customers is strictly prohibited and will lead to the termination of this contractual relationship.

9. CONTROLLING LAW

The construction and execution of these Terms and any dispute, of whatsoever nature arising in connection with this Agreement or performance under it, including any remedy thereof, shall be governed exclusively by the laws of the Federal Republic of Nigeria. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 7 (Disputes & Arbitration) of these Terms shall be brought exclusively to the State courts of Calabar, Cross-river State, Nigeria, and you and Now Now Dispatch consent to the personal jurisdiction of those courts..

9. ENTIRE AGREEMENT & SEVERABILITY

These Terms, subject to any amendments, modifications, or additional agreements you may enter into with Now Now Dispatch, shall constitute the entire agreement between you and Now Now Dispatch with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

We may modify these Terms at any time. If we make changes to these Terms that materially affect your use of the Services, we will notify you by posting a notice on our website or app or by otherwise notifying you. Your continued use of the Services will constitute your acceptance of the changes.

9. ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Now Now Dispatch may assign its rights, licenses, and obligations under these Terms without limitation

9. NO WAIVER

Now Now Dispatch's failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole

9. CHANGES TO THE TERMS

We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms by email or a notification on our Services. Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.

9. COPYRIGHT POLICY

Now Now Dispatch respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Nigeria Copyright Act and other relevant laws. Now Now Dispatch will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.

If you believe any content posted or made available on the Now Now Dispatch Services constitutes an infringement of your copyright rights, you may send a written notice of infringement to the Now Now Dispatch Designated Agents using the contact information listed below. In your notice, please specify the nature of the copyright infringement with relevant information. (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material)