Terms and Conditions for GOKADA PARCELS
TERMS OF SERVICE
Dated: 1st September 2023
Version. 1.1
Welcome to Gokada Super App!
Introduction
Thank you for your interest in using Gokada Super App and the products, services and features we make available to you as part of the Service. These Terms of Service (Terms) applies to and regulates the provision of Gokada Super App, a mobile application, any designated website, call center and technology SuperApp, designed to provide logistics and delivery services to its Users, including but not limited to updates, upgrades and future developments whether or not provided or created jointly with any third-party input or Super Apps [collectively the “Gokada Super App” which include the provision and use of the Services offered in the Gokada Super App]. Gokada Super App is available to Users who wish to send and/or receive Goods, deliver and/or pick up Goods (the Service) with ease and without hassles and delays from any person, business, registered merchant, or location within the ‘Territory’ (as defined below), and is available to be downloaded via the Apple Store or Google Play store on compatible Devices belonging to a User.
A User is a natural [an individual] or an artificial [an entity] person registered on the Gokada Super App who wishes to use the Gokada Super App to access the Service and shall be referred to as “User, you, or your for the purpose of these Terms. Goods are permitted items as described in the Gokada Super App that can be moved by Service personnel and conform to the specifications of eligible Goods. Always check the Gokada Super App for the types of Goods including dimensions, weight, packaging and size of eligible Goods. The Service personnel shall have the absolute discretion in determining if the Goods are eligible and confirm to the required specifications and packaging conditions. Territory is Nigeria unless communicated otherwise.
Our Service
Our Service is accessible via the Gokada Super App where we provide simpler, easier and faster pick-up and delivery of your Goods from and to your desired location(s). We provide all information about the Service and how to navigate the Service during your registration process via the Gokada Super App. The Service includes but is not limited to delivery services, pick-up and drop off services, marketplace for connecting you with Merchants and selective purchases made via the Gokada Super App. The Gokada Super App also allows you to give ratings, write comments and reviews and feedback about our Service. To ensure our Users get value for money and an impeccable service, we are introducing two delivery options for our Pick-Up and Drop Off Services which will be available to all Users at the time of initiating an Order on the App. The classes of delivery options are: Immediate Delivery and Same Day Delivery. Please check the Goods Section and Service Section (Pick-up & Drop Off Services) for details on the delivery options.
Your Service Provider
Gokada Rides Limited is a company operating under the laws of the Federal Republic of Nigeria, with its registered address at 14 Michael Adekoya Street, Ilupeju, Lagos, 1448462 (referred to as “Gokada”, “we”, “us”, or “our”) and by which expression includes Gokada’s relevant legal representatives, administrators, successors-in-interest, permitted assigns and affiliates (“Affiliates”). In the provision of the Service through the Gokada Super App, Gokada may have several third-party integrations that enable us to connect with apps warehousing Data of Users and Gokada will require the express consent of the Users utilizing these third-party apps in accessing the Users’ Data for providing the Service, as applicable.
Applicable Terms
These Terms (and any changes thereof) constitute a legally binding agreement (the “Agreement”) between you and Gokada.
This Agreement governs your use of the “Gokada Super App”. Generally, Gokada provides you the right to access and use the Gokada Super App and thereby use its Services within the Territory, which constitutes your agreement to be bound by this Agreement and establishes a contractual relationship between you and Gokada. Gokada may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the Gokada Super App, its’ Service or any portion thereof, at any time for any reason without notice. Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
PLEASE READ THIS AGREEMENT CAREFULLY AND MAKE SURE YOU UNDERSTAND IT BEFORE DOWNLOADING,ACCESSING OR USING THE GOKADA SUPER APP. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR DO NOT ACCEPT ANY PART OF IT, YOU MAY NOT DOWNLOAD, USE OR ACCESS THE GOKADA SUPPER APP. BY DOWNLOADING THE GOKADA SUPER APP AND USING THE SERVICE, YOU AGREE TO ABIDE BY THE AGREEMENT AND ANY UPDATES MADE TO THE AGREEMENT AS COMMUNICATED TO YOU FROM TIME TO TIME VIA YOUR REGISTERED USER ACCOUNT ON THE GOKADA SUPER APP.
About this Agreement
Changing this Agreement. We may change this Agreement, for example, to reflect changes to our Service or how we do business- for example, (1) when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice as stated in these Terms and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should delete the Gokada Super App from your devices and stop using the Service.
Continuation of this Agreement. If your use of the Service ends, the following terms of this Agreement will continue to apply to you whether or not you have deleted the Gokada Super App from your Devices: “Other Legal Terms” and “About This Agreement”.
Who may use the Service?
Any User may use this Service via the Gokada Super App. A User can be any of the following:
Individuals-Users
If you are a natural and legal person and have attained the age of 18 years old, you may use our Service and by downloading the Gokada Super App you grant us the permission to retrieve and share your Data for the purpose of use of our Service by us or by any third party or business utilizing our Service.
Businesses-Users
If you are using the Service as an artificial person, you must be a duly incorporated company, partnership or organization with the necessary licenses to perform its objects, and the necessary policies and procedures to process, store and share Data if you are collecting Data of your customers or persons consuming your services. You confirm to us that the representatives of your Business have authority to act on behalf of that entity, and that entity accepts this Agreement.
You are not eligible to use our Service if your Account has been suspended or blocked by Gokada from accessing the Gokada Super App for any reason whatsoever.
Requirements
Individual KYC: You may use the Service after successfully completing the onboarding process and after you have provided us with all your personal information on our know-your-customer diligence questionnaire during your user registration process via the Super App.
Corporate KYC: You may use the Service if you have all your incorporation documents and any licenses required to perform any activities you advertise to provide and have provided us with your corporate information and all details requested in our know-your-customer diligence questionnaire during your user registration process via the Super App.
Devices: At user registration for this Service, you hereby covenant to such compatible devices with capabilities that allow for downloading version(s) of the Super App which maybe required from time to time for adequate functionality and provision of the Service.
Goods: As part of the registration process for this Service, you will be informed about the products and dimensions of the eligible products and all prohibited products via the Gokada Super App. You must package the Good(s) in the appropriate sealed containers or boxes and you shall bear the risk of damage for items carried that fail to meet the standard packaging guidelines set out in the Gokada Super App. Meals and Perishables are prohibited from the Service unless in accordance with the provisions of this Agreement.
Material Information: You hereby covenant to promptly supply, all material information and such documents relating to the Data (or any questionnaire as applicable) which may be required from time to time to assess your status and eligibility to use this Service, update your Data and or verify your identity, during and after registration on the Gokada Super App.
The Service
Main Highlights
Overview: The Gokada Super App provides a digital network which functions as a marketplace where Users who seek the delivery of goods, products, and/or logistics services (“Services”) from any location or from the location of connected or unconnected third-party companies (Merchants) or individuals, and then matched with persons, including drivers (“Riders”) or third-party companies (“Merchant Partners”) who can provide the Services. Each User shall create a User Account (as defined below) that enables access to the Gokada Super App. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion. Each Service provided by a third-party provider to a User shall constitute a separate agreement between such persons. By using the Gokada Super App, you will be able to initiate Pick-Up and Drop Off service (see specific terms below).
Products (Meals & Perishables): With respect to restaurant meals and perishables, Gokada is not a catering service and is not involved in the production of Meals or production and packaging of Perishables but may partner with independent restaurants and caterers with a businesses where the food is prepared and provided by independent restaurants (our "Restaurant Partners") and delivered by Riders. Gokada shall not be responsible for the state of such meals or perishables on arrival at drop-off location and Users use Gokada’s Services for Pick-Up and Drop-Off Services or Drop Off Services alone at their own risk and shall indemnify Gokada of all liability relating to such Service whether or not provided by Restaurant Partners or otherwise. It is advised that the User does not use our Service for the delivery of Meals and Perishables and where the User opts so to do, the User irrevocably and unreservedly holds Gokada harmless from any liability whatsoever for any damage or deterioration of the state of the Meals & Perishables and Gokada shall not be liable for any damage or unsatisfactory state of Meals & Perishables except for non-delivery of such Meals and Perishables which shall be subject to the limitation of liability provision below. Any claims in this regard shall be directed at the merchants or Restaurant Partners (as applicable) by the User and Gokada shall not be involved in any process except for pick-up and delivery of the Meals and Perishables.
Order via Merchants: With respect to goods or services which you can order through the Gokada Super App from connected Merchants, or Off-App Merchant (as defined below), but which services or goods are provided by Merchant Partners, these goods or services are prepared, undertaken and provided by the relevant independent Merchant Partner. When using this service, you must review and confirm Good(s) from an image shared by the Service personnel. Subject to this Agreement and any other policies of Gokada applicable to the provision of Services, shared image and your confirmation thereof shall be relied upon by Gokada in case of any dispute between you and the Service personnel with respect to the ordered Good(s). In case, shared image is different from the ordered Good, you should immediately reach out to the assigned Service personnel and request to share the correct image. Your confirmation of an image shall be construed as a deemed acceptance for the modified/different Good.
Location Tracking: We use your location-based information that is captured by Gokada through global positioning system when you are using your mobile device to request a Service via Gokada Super App. Such location-based information shall be used by Gokada only to provide and facilitate the Services provided to you and improve the Gokada Services being offered to you. You acknowledge and agree that your geo-location information is required for you to initiate any of the Services on the Gokada Super App. You acknowledge and hereby consent to the monitoring and tracking of your geo-location information. In addition, Gokada may share your geo-location information with Merchants and third-party providers (as the case may be) for the provision of the Service to you.
Timings: We shall provide accurate timings for the pick up and drop off Services via the Gokada Super App. We shall ensure to meet the times indicated to you but not later than 10 minutes later than the communicated time. Any perceived delays will be communicated vis Gokada Super App and updated in real-time. You will enjoy a free waiting time as shall be communicated to you in the Gokada Super App, and you shall be required to pay for any waiting time beyond the free waiting time and this will be included in the final Gokada Fees.
User Accounts
To use most aspects of the Gokada Super App, you must register for and maintain an active personal User account (“Account”) and remain active throughout your use of Gokada Super App. You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to Gokada certain personal information, such as your name, address, valid mobile phone number, gender and age. You agree to maintain accurate, complete, and up-to-date information in your Account. As a part of the registration, you may be required to undertake a verification process to verify your personal information as provided to us. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Gokada Super App, including your ability to request access to your personal information or to opt in or out of marketing preferences, or Gokada’s termination of this Agreement with you. You agree and accept that as on the date of your registration, the information provided by you is complete, accurate and up-to-date. In the event of any change to such information, you shall be required to promptly inform Gokada of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that Gokada has not independently verified the information provided by you. Gokada shall in no way be responsible or liable for the accuracy or completeness of any information provided by you. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Gokada has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gokada reserves the right to suspend or terminate your Account with us and refuse any and all current or future use of the Gokada Super App (or any portion thereof) at any time.
You agree to always maintain the security and secrecy of your Account’s username and password. You agree and understand that you are responsible for all activity that occurs under your Account, even as a result of loss, damage or theft of the device through which you access the Gokada Super App. Gokada shall have the right to display the information, feedback, ratings, reviews etc.provided by you on the Gokada Super App.
Unless otherwise permitted by Gokada in writing, you may only possess one Account.
For Pick Up and Drop Off Services Only
Using the Pick Up and Drop Off service you can send packages from a particular location to another location within the Territory. The Pick Up and Drop Off Services are provided to you directly by Gokada and all information required to provide this service which will include personal data shall be provided by you via the Gokada Super App. You will be required to choose your preferred delivery option at the point of your Order; you may select either Immediate Delivery or Same Day Delivery. When you select either option, Gokada will assign a rider (Gokada Rider) to you for the provision of the service at the designated locations provided by you. If you select Immediate Delivery, the assigned Rider shall pick up your Goods and deliver to your location as communicated via the App. This option implies that the assigned Rider will not pick up any other Orders until the assigned Rider has delivered your Order to your location. See Rates Section below and cost on your App for the pricing. Where you select Same Day Delivery, the assigned Rider is permitted by you and Gokada to pickup your Order and deliver to the location communicated on the same day as the pickup day. The assigned Rider will be permitted to pick up other Orders prior to delivery of your Order. You agree and acknowledge that the details provided (including personal identifiable information as well as locations have been voluntarily provided by you on the Gokada Super App and such information will be used for the Gokada Services in accordance with the Privacy Policy. Any requests for a Pick Up and Drop Off of Restricted Goods or prohibited Goods by any statute or law or regulation shall not be fulfilled and may lead to cancellation of Accounts. You agree that before requesting a Pick-up and Drop-off Service, you have actual knowledge of the contents of the package sent or requested by you through Gokada Super App, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewelry, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin)of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorization/license is required under applicable laws).
Wrong locations or change of locations shall attract additional Gokada Fees which shall be communicated to you via the Gokada Super App. (See Rates Section)
Where we become aware of the commission of any offense by you through the use of our Service on the Gokada Super App, we shall report such findings to the applicable law enforcement authorities without further notification.
Ratings
a) You agree that after completion of a Service on the Gokada Super App, the Gokada Super App you will be required to provide a rating and comments about the Service received via the Gokada Super App the service personnel may also be prompted to rate you on the Gokada Super App. Your rating score on the Gokada Super App will be determined by the rating given by the Service personnel and displayed on your Account.
b) Gokada and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Gokada and its affiliates without attribution your approval and you hereby consent to the same. Gokada and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Gokada’s or its affiliates’ content policies.
Disclaimer
Materials posted on the Gokada Super App are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Gokada Super App, or by anyone who may be informed of any of its contents.
Revisions
We shall update the Gokada Super App regularly and may change the content at any time. If the need arises, we may suspend access to the Gokada Super App and the Services or close them indefinitely. Any of the material on the Gokada Super App or the Services may be out of date at any given time, and we are under no obligation to update such material elsewhere except on this Agreement.
YOU ACKNOWLEDGE THAT NEITHER GOKADA NOR ITS AFFILIATES DIRECTLY PROVIDE TRANSPORTATION, GOODS OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION, GOODS OR LOGISTICS CARRIER OR A TRANSPORTATION, GOODS OR LOGISTICS SERVICE PROVIDER, OR OWN ANY VEHICLES FOR TRANSPORTATION, GOODS OR LOGISTICS AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARENOT EMPLOYED BY GOKADA OR ANY OF ITS AFFILIATES.
Gokada Super App Ownership
The Gokada Super App and all rights therein are and shall remain Gokada’s property or the property of Gokada’s licensors. Neither this Agreement nor your use of the Gokada Super App convey or grant to you any rights: (i) in or related to the Gokada Super App except for the limited license granted below; or (ii) to use or reference in any manner Gokada’s company names, logos, product and service names, trademarks or services marks or those of Gokada’s licensors.
License
Subject to your compliance with this Agreement, Gokada grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i)access and use the Gokada Super App on your personal device solely in connection with your use of the Gokada Super App; and (ii) access and use any content, information and related materials that may be made available through the Gokada Super App, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Gokada and Gokada’s licensors.
Provision of the Services
You acknowledge that portions of the Services may be made available under Gokada’s various request options, including transportation request brands and the logistic request brands.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii)independent third-party contractors, including transportation network company drivers or holders of similar transportation permits, authorizations or licenses. It is at Gokada’s discretion which brands or request options are made available to you.
About Software in our Service
Gokada shall use all commercially reasonable efforts consistent with prevailing industry standards to:
a) maintain the Service in a manner that minimizes errors and interruptions in the services,
b) perform the services in a professional manner, and
c) use commercially reasonable efforts to promptly correct all Solution defects.
The Service may become temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Gokada, third-party services or because of other causes beyond Gokada’s reasonable control, but Gokada shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption to you; Gokada does not warrant that the Service shall be uninterrupted or error free but warrants the functionality of the Solution as communicated in its representations to the Company as contained in Gokada’s product document to the Company; nor does it make any warranty as to the results that may be obtained from use of the services. Except as expressly set forth in this section, the services are provided “as is,” and Gokada disclaims all implied warranties, express or implied, including, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Service Description
Our Conduct (Users)
As part of the User registration process, you will have access to your User account on the Gokada Super App that allows you to do the following:
a) You will be able to request for any of our Services after you have registered an account on the Gokada Super App.
b) You will be able to request for any of our Services via your account for a third-party provided that you initiated the request on their behalf and will be responsible for the payment of the Service to Gokada, at all times.
All Users are given the following assurances on the Gokada Super App:
a) We will communicate and resolve all maintenance related issues, in a timely manner.
b) We will solely manage and govern the Gokada Super App, any third-party services connected to the Gokada Super App or software, at our discretion (without interference or circumvention from any User).
c) We will set and ensure adherence of procedures and policies governing all aspects relating to Gokada Super App.
d) Any changes and modifications to Gokada Super App by us, shall be done prospectively upon prior written notification (email or push notification) to you prior to such changes taking effect via the Gokada Super App.
Rates
a) Gokada Super App is available free of charge to all eligible Users. Users shall be communicated the exact cost of selected Service via the Gokada Super App and a cost applied representing the actual service demanded via the User’s account on the Gokada Super App. Gokada Fees shall include waiting times, fees for holding over Goods in our Offices or collection centers as a result of wrong addresses or change of communicated location for delivery.
b) As a User, you agree to pay any amounts charged by Gokada (the “Gokada Fee”) and all amounts charged by Merchant and other independent third-party provider for providing Services to you (“Charges”) shall be paid directly to the Merchant or applicable independent third-party provider.
c) Gokada Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Gokada Fees paid by you are final and non-refundable, unless otherwise determined by Gokada or the relevant personnel providing the Service to you.
d) All Gokada Fees are due immediately and payment will be facilitated by Gokada using the preferred payment method designated in your Account, after which Gokada may send you a receipt by email (which is not equivalent to a tax invoice). If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Gokada may, on its own behalf, use a secondary payment method in your Account, if available.
e) As between you and Gokada, Gokada reserves the right to establish, remove and/or revise Gokada Fees at any time in Gokada’s sole discretion. Charges may also be varied or revised at any time without your consent. Further, you acknowledge and agree that Charges and Gokada Fees applicable in certain geographical areas may increase substantially during times of high demand. Gokada will use reasonable efforts to inform you of Charges and Gokada Fees that may apply, provided that you will be responsible for Charges and Gokada Fees incurred under your Account regardless of your awareness of such Charges or Gokada Fees, as applicable, or the amounts thereof.
f) You are Responsible for all Other Charges: You are responsible for any fees or other amounts charged by any third parties, such as payment gateways, and any other Gokada Super Apps where required for accessing the Service (Other Charges) and where required such Other Charges shall be paid via your User account on Gokada Super App.
Rates Terms
a) All rates are paid in Nigerian Naira at the time of requesting any Service or at the point of delivery, at the option of the User.
b) You will be able to view all transactions for the purpose of billing and reconciliations on your User account on the Gokada Super App. The record on your User account shall be final in determining the accuracy of transactions made by you.
Payment for Services
As part of your User Account you may use any of the payment methods as communicated on the Gokada Super App (each a ‘Payment Method’). You can add anew Payment Method but you must do so before using a Service. You may also be able to add alternative payment methods following the steps set out on the Gokada Super App. Payment Methods include but are not limited to cash, wallets, card or any other method available on the Gokada Super App.
By selecting a particular Payment Method, you acknowledge that you are agreeing to the terms of service of Gokada’s payment processing partners and the financial institution or payment service provider who has issued your selected Payment Method. You further agree that you will bear the cost or changes of any fees imposed by such payment processing partners or financial institutions in connection with your selected Payment Method.
Gokada may in its sole and absolute discretion choose to refuse a request to add a Payment Method, including (without limitation) where adding the Payment Method would result in violations of the processes in the Gokada Super App or any prevailing laws and regulations.
If you pay for Services using a card denominated in a currency other than the Base Currency or the currency in which the relevant Services are charged (as the case may be), you may be subject to additional foreign exchange fees and rates, for which Gokada accepts no liability and is unable to give you forewarning
By paying for Services via the Gokada Super App for purchases made by you from a Merchant, you acknowledge and agree that you are not depositing money with Gokada. Where transaction fees are refunded for any reason Gokada may hold such funds received from you with such other facilities or third parties as Gokada considers appropriate, either separately or together with other property, and use any such funds as it sees fit for its own purposes without retaining possession and/or control of a like amount of money or other assets for your benefit. Your rights in relation to any such funds are limited to a contractual obligation for Gokada to provide an equivalent amount for your use in connection with the Services. Any refunds in this instance will be made to your wallet on the Gokada Super App.
Third-Party Checkout
Through your use of other third-party websites and applications you may have access to our Service via the Merchant’s site or you may be able to offer our Services to clients at checkout (stores integrated to the Gokada Super App). You will be able to use your existing card-on-file to complete your purchase on the Off-App Merchant site (stores not directly integrated to the Gokada Super App).
Using a Third-Party Checkout does not change anything about the relationship you have with that Merchant or your card provider or bank in terms of your payment for the goods, services, or products on the Merchants or with your bank or card provider.
If you elect to use the Third-Party Checkout where a Merchant has this feature enabled you will be redirected to your existing Payment Methods. Your available Payment Methods will be limited to your Payment Methods on the Gokada Super App in relation to this feature. The terms for storage of your information are included in our Privacy Policy - which you can see here.
Gokada is not responsible for service interruptions or failures that may affect, receipt, processing, or completion of payment for any Service used via a Third Party Checkout unless such interruption has been caused solely by Gokada. In addition, Gokada makes no representation or warranty in relation to your use of a Third-Party Checkout and, to the fullest extent permissible by law, Gokada disclaims any liability with respect to fitness for purpose, merchantability, and non-infringement of the Gokada Super App’s feature enabling you consume its Services via a Third-Party Checkout.
You are responsible for the purchase you make using Third-Party Checkout and the Merchant is responsible for supplying you with the goods, services, or products you have elected to purchase through their site. If there is an issue with the goods, services, or products you have purchased using Third-Party Checkout please get in touch, directly, with the Merchant. Any returns, exchanges, refunds are subject to the policy of the merchant you have purchased from. Gokada is not responsible for processing or managing refunds, chargebacks or other issues relating to your purchase. Gokada is not subject to and does not have control over the policies of any Merchants and is not responsible for the actions of Merchants. Returned Goods and Goods at our collection center(s) are held at the receiver’s risk, and shall be eligible for extra daily charge as communicated on your Account on the Gokada Super app. We shall always notify both sender and receiver of the location of returned goods. You agree that Gokada is entitled to charge your payment method for any Gokada Fees as contemplated herein.
Our Data Protection Obligations
We acknowledge that any oral or written information exchanged with you in connection with the preparation and performance of this Agreement are regarded as confidential information. We shall:
a) maintain confidentiality of all such confidential information, and without obtaining your written consent, not disclose any relevant confidential information to any third parties.
b) effect and maintain adequate security measures to safeguard your confidential information from unauthorized access or use.
c) disclose confidential information to its personnel or professional advisors on a need to know basis only, and ensure that the personnel or professional advisor is aware of and complies with this section.
d) the obligation of confidentiality in this clause does not apply to any disclosure or use of confidential information:
i. required by law;
ii. which is publicly available through no fault of the recipient of the confidential information or its personnel.
iii. which was rightfully received from a third party without restriction and without breach of any obligation of confidentiality.
iv. if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than that in this section.
e) Treat any disclosure of any confidential information by our staff or agents hired by us as a disclosure of such confidential information. This Section shall survive the termination of this Agreement for any reason.
Data Protection Obligations
Our obligations imply the processing of Data as a data processor and a data processor of Businesses on your behalf as a Data Controller, and the following provisions comply with the requirements of the current legal framework in relation to Data Processing on the protection of natural persons with regard to the processing of Data and on the free movement of such Data. The terms, "Agency", "Controller", "Data Subject", "Personal Data", "Personal Data Breach", “Process” and "Processing" shall have the same meaning as in the prevailing Nigeria Data Protection Act (NDPA), and their cognate terms shall be construed accordingly.
Processing of your Data
We shall:
a) comply with all applicable Data Protection Laws in the processing and storage of Data; and
b) not process Data other than on your acceptance of these Terms.
By using this Service, you hereby instruct us and any Business integrated with the Service to process your Data for the purpose of the Service functionalities.
Our Personnel
We shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any other contracted processor who may have access to your Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Data, as strictly necessary for the purposes of providing the Service, and to comply with Applicable Laws in the context of that individual's duties to us or any Business, or any contracted processor, ensuring that all such individuals, Businesses and contracted processor are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
Security
Considering the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we shall in relation to the Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk. In assessing the appropriate level of security, we shall take account in particular of the risks that are presented by processing, in particular from a Personal Data Breach.
Subprocessing
We shall not appoint (or disclose any Data to) any Sub processor unless required or authorized by you. You agree that by using this Service you irrevocably authorize us to share your Data with Businesses as contemplated for the use of this Service or appoint the third parties required for the provision of the Service and we are hereby authorized by you to disclose such Data.
Data Subject Rights
Considering the nature of the Processing, we shall assist Businesses and Sub processors by implementing appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of your obligations, as communicated by you, to respond to requests to exercise Data Subject rights under the Data Protection Laws.
We shall:
a) promptly notify any Business if we receive a request from a Data Subject under any Data Protection Law in respect of Data; and
b) ensure that we do not respond to that request except on the documented instructions from you or as required by Applicable Laws to which we are subject, in which case we shall to the extent permitted by Applicable Laws inform you of that legal requirement before we respond to the request.
Personal Data Breach
We shall notify you and the relevant Business without undue delay upon our becoming aware of a Personal Data Breach Data, providing the Business with sufficient information to allow such Business meet any obligations to report or inform Data Subjects of Personal Data Breach under the Data Protection Laws. We shall co-operate with you, the relevant Business (where applicable) and take reasonable commercial steps as we deem necessary to assist in the investigation, mitigation and remediation of each such Personal Data Breach.
Data Protection Impact Assessment and Prior Consultation
We shall provide reasonable assistance to you with any data protection impact assessments, which we reasonably consider to be required by the NDPR, in each case solely in relation to Processing of Data by and taking into account the nature of the Processing and information available to us.
Deletion or return of Data
Subject to this section, we shall promptly and in any event within 5 (five) business days of the date of cessation of the Service involving the Processing of Data (the "Cessation Date"), delete and procure the deletion of all copies of those Data. We shall provide written documentation to the you and/or the Business that we have fully complied with this section within 5 business days of the Cessation Date.
Data Transfer
We hereby notify you and you hereby authorize us to transfer your Data to countries outside Nigeria solely for processing purposes. Where Data processed under this Agreement is transferred outside of Nigeria, we ensure that the Data are adequately protected. To achieve this, we shall, unless agreed otherwise, rely on approved industry standards and regulatory mandated obligations and rights for the transfer of such Data.
Develop, Improve and Update the Service
Gokada is constantly changing and improving the Service. As part of this continual evolution, we may make modifications (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software, that software may update automatically once a new version or feature is available, subject to your settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. It is your responsibility to review the Agreement made available via your Account or email from time to time to see if it has changed. If you do not agree with the changes, do not continue to use the Service.
Your Use of the Service
During your registration process, you will be required to do the following:
a) Provide such Data as requested for the functionality of the Service
b) Authorize the sharing of your Data directly on Gokada Super App or via integrated third-party Gokada Super Apps for use of and/or by the Service, including use by any Businesses.
c) If a Business using the Service for its clients, possess evidence of authorizations from your clients to share Data for use by the Service unless obtained via Gokada Super App upon such client onboarding on Gokada Super App.
User Requirements and Conduct
The Gokada Super App is not available for use by persons under the age of 18 and may only be used by individuals who can form legally binding contracts under applicable law. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive requests initiated by you through your Account unless they are accompanied by you or another adult.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Gokada Super App, and you may only use the Gokada Super App for lawful purposes. You shall not, for the avoidance of doubt, use the Gokada Super App to transport, facilitate or procure the transport of illegal or banned substances or items inline with the Goods policy on the Gokada Super App which shall be updated from time to time. You will not, in your use of the Gokada Super App, cause nuisance, annoyance, inconvenience, or property damage to other users or service providers, other third party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Gokada Super App, and you agree that you may be denied access to or use of the Gokada Super App if you refuse to provide proof of identity. Failure to comply with the terms of this section may result in our taking certain actions against you, including but not limited to: (i) immediate, temporary or permanent withdrawal of your right to use the Gokada Super App (ii) legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach (iii) disclosure of such information to law enforcement authorities as we feel is necessary and/or (iv) immediate, temporary or permanent removal of any posting or material uploaded by you to our Service.
Promotions
Gokada, in its sole discretion, may make promotions available to any User or potential User. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Gokada. Promotions will in many cases be made available to you via alpha numeric codes (“Promo Codes”). Gokada reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Gokada determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
Promo Codes
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Gokada;(iii) may be disabled by Gokada at any time for any reason without liability to Gokada; (iv) may only be used pursuant to the specific terms that Gokada establishes for such Promo Code; (v) are not valid for cash; (vi) may expire prior to your use and (vii) Gokada may establish additional terms relating to specific promotions. Gokada reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Gokada determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
As part of your User Account, Gokada may provide you with a “Gokada Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Users (“Referred Users”) or Riders (“Referred Rider”). Gokada Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Gokada Code. You are prohibited from advertising Gokada Codes, including but not limited to Google, Facebook, Twitter, Bing and Craigslist or on any other digital Gokada Super App or website owned or controlled by you or any other person. Gokada reserves the right to deactivate or invalidate any Gokada Code at any time in Gokada’s sole discretion.
From time to time, Gokada may offer you incentives to refer new Users to the Gokada community (the “Referral Program”). These incentives may come in any form, and Gokada may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and any applicable law. You may use Gokada Super App only for the use disclosed to us during onboarding. The following restrictions apply to your use of the Service. You are not allowed to:
a) Interfere with the license granted to you in Gokada Super App which is a revocable, non-exclusive, non-transferable license to use the Service within the Territory in accordance with this Agreement.
b) Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from Gokada Super App.
c) Use Gokada Super App including access granted to any part of the Service as at the termination or expiration date of this Agreement.
d) Any right not expressly granted to you in this Agreement remains the right of Gokada or the respective rights holders. Using this Service does not give you ownership of any intellectual property rights to any aspect of the Service that you can access (including but not limited to any branding used or displayed in the Service)
Restricted Activities
With respect to your use of the Gokada Super App and your participation in the Services, you agree that you will not:
a) impersonate any person or entity
b) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), or carry any weapons
c) violate any law, statute, rule, permit, ordinance or regulation
d) interfere with or disrupt the Services or the Gokada Super App or the servers or networks connected to the Gokada Super App
e) post information or interact on the Gokada Super App or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal use narcotics or alcohol
f) use the Gokada Super App in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
g) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information
h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Gokada Super App
i) “frame” or “mirror” any part of the Gokada Super App, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose
j) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Gokada Super App or any software used on or for the Gokada Super App
k) rent, lease, lend, sell, redistribute, license or sublicense the Gokada Super App or access to any portion of the Gokada Super App
l) use any robot, spider, site search/ retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Gokada Super App or its contents
m) link directly or indirectly to any other web sites
n) transfer or sell your User account, password and/or identification to any other party
o) 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
p) use Service for delivery of Meals and Perishables unless User accepts liability for all damages (except loss) as stated in this Agreement
q) cause any third party to engage in the restricted activities above.
In the event that you undertake in any of the above while participating in Services, or personnel rendering the Service to you shall be permitted to refuse to provide you Services or, if such Services have commenced, shall be permitted to refuse to continue to provide you Services.
Report Abuse
In the event you are a victim of any abuse on the Gokada Super App or any User has violated this Agreement to your detriment or if you become aware of any objectionable content on Gokada Super App, please report the same to the following e-mail id: support@gokada.ng
Business’ Site’s Cyber Security Representations [Applicable to Business Users Only]
You represent the following regarding your site’s cyber security:
a) your information technology assets and equipment, computers, systems, networks, hardware, software, websites, applications, and databases (collectively, “Site”) are reasonably believed by you to be adequate for, and operate and perform in all material respects as required, in connection with the operation of your’ business as currently conducted. You represent that, to your knowledge, the Site is free and clear of all material bugs, errors, defects, Trojan horses, time bombs, malware and other corruptants.
b) You have implemented and maintained commercially reasonable controls, policies, procedures, and safeguards to maintain and protect your material confidential information and the integrity, continuous operation, redundancy and security of the Site used in connection with your businesses, and there have been no known material breaches, violations, outages or unauthorized uses of or accesses to same, except for those that have been remedied without material cost or liability or the duty to notify any other person, nor any known material incidents under internal review or investigations relating to the same.
c) You are continually in compliance with your obligations herein and all applicable laws or statutes and all judgments, orders, rules and regulations of any court or arbitrator or governmental or regulatory authority, internal policies and contractual obligations relating to the privacy and security of its Site and to the protection of such Site from unauthorized use, access, misappropriation or modification.
Your Data Protection Obligations
Confidentiality Obligations
You acknowledge that any oral or written information exchanged with you in connection with the preparation and performance of this Agreement are regarded as confidential information. You shall:
a) maintain confidentiality of all such confidential information, and without obtaining our written consent, not disclose any relevant confidential information to any third parties.
b) effect and maintain adequate security measures to safeguard our confidential information from unauthorized access or use.
c) disclose confidential information to its personnel or professional advisors on a need-to-know basis only, and ensure that the personnel or professional advisor is aware of and complies with this section.
d) the obligation of confidentiality in this clause does not apply to any disclosure or use of confidential information:
i. required by law;
ii. which is publicly available through no fault of the recipient of the confidential information or its personnel.
iii. which was rightfully received from a third party without restriction and without breach of any obligation of confidentiality.
iv. if required as part of a bona fide sale of your business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than that in this section.
e) Treat any disclosure of any confidential information by your staff or agents hired by you as a disclosure of such confidential information. This Section shall survive the termination of this Agreement for any reason.
Business’ Data Protection Obligations [For Business Users only]
Your obligations are those of a Data Controller and/or Data Processor, in compliance with the requirements of the current legal framework in relation to Data Processing on the protection of natural persons with regard to the processing of Data and on the free movement of such Data. The terms, "Agency", "Controller", "Data Subject", "Personal Data", "Personal Data Breach", “Process” and "Processing" shall have the same meaning as in the prevailing Nigeria Data Protection Regulation (NDPA), and their cognate terms shall be construed accordingly. As a Data Controller and by using this Service, you hereby subcontract the processing of such Data, to us. As a Data processor while using this Service, we hereby subcontract the processing of such Data to you.
Communications
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialing systems (where allowed by and in compliance with local law). Communications from Gokada, its affiliated companies and/or riders, may include but are not limited to: operational communications concerning your User account or use of the Gokada Super App or Services, updates concerning new and existing features on the Gokada Super App, communications concerning promotions run by us or our third-party partners, and news concerning Gokada and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you no longer wish to receive promotional or marketing-related communications by text message, please contact support@gokada.ng and/or review the Privacy Policy for further information. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. For all queries with respect to this Agreement or the Services, please write to us at support@gokada.ng
Account Suspension and Termination
Terminations by You
You may stop using the Service at any time.
Terminations and Suspensions by Gokada
We reserve the right to suspend or terminate the Service or your access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement and have failed to cure such breach within 15 days after notification of such breach; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates liability or harm to any user, other third party, Gokada or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Gokada unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Gokada or our Affiliates.
Effect of Termination or Suspension
If the Service is terminated or your access to the Service is restricted, we shall be entitled to deduct any outstanding Fees from your Payment Method(s) prior to deletion of our Data from the Service. You hereby agree and acknowledge, upon termination, Gokada shall have the right to retain all information pertaining to the transactions initiated by you on the Platform as applicable by law.
Cancellations and Refunds
CANCELLATIONS
Gokada shall confirm and initiate the execution of the transaction initiated by you upon receiving confirmation from you via the Gokada Super App. If you wish to cancel a transaction on the Gokada Super App, you shall select the cancel option on the Gokada Super App. Where applicable, you may have to pay a cancellation fee for transactions initiated on the Gokada Super App for which Service has already been commenced by us or the Merchant or third-party provider (as the case may be). For Services provided by Merchants or third-party providers the cancellation fee will be charged to you which will be in accordance with the cancellation and refund policies of such Merchants.
Gokada may cancel the transaction initiated by you on the Gokada Super App, if:
i. The designated address to avail the Gokada Services provided by you is outside the service zone of Gokada.
ii. Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
iii. The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violates this Agreement.
iv. Information, instructions and authorizations provided by you is not complete or sufficient to execute the transaction initiated by you on the Gokada Super App.
v. If in case of Merchants integrated to the Gokada Super App, the Merchant outlet is closed.
vi. If any Good(s) for which you have initiated the transaction is not in stock with the Merchant.
vii. If the transaction cannot be completed for reasons not in control of Gokada.
REFUNDS
You may claim refunds for a Service initiated by you only if you have already pre-paid the fees with respect to such Service. Subject to relevant Merchant’s refund policy and in accordance therein, you shall be eligible to get the refund in the following circumstances:
i. Your package has been tampered with or damaged at the time of delivery, as determined by Gokada based on the parameters established by Gokada in its sole discretion. This is not applicable for Meals and Perishables, as refunds shall only apply where your package is lost.
ii. If the wrong Good has been delivered to you, which does not match with the Item for which you had initiated a transaction on the Gokada Super App.
iii. Gokada has cancelled the order because of any reason mentioned in the paragraph above.
iv. All decisions with respect to refunds will be at the discretion of Gokada and the Merchant (depending on what service you need refund for) and in accordance with both of their internal refund policy (Refund Metric) and the same shall be final and binding. All refunds initiated by either Gokada or the Merchant shall be refunded to the financial source account from which, you have initiated the transaction on the Gokada Super App.
Return of Goods
You must pick up fresh returned orders from the Gokada Pick Up Centers within 4 days of notification of such return via SMS, phone call, or e-mail, failing which, the order will be sent back to Gokada’s Warehouse. If the item remains unclaimed 4 days after notification has been sent to the Merchant, Gokada shall charge 1/3 (one third) of the delivery fee, for each day the goods remain in Gokada’s warehouse. Where any Meals or Perishables cannot be delivered by an assigned Rider for any reason other than loss, the User and applicable Restaurant Partner or merchant shall bear any loss resulting from the non-delivery including but not limited to actual cost of goods and any direct or indirect damages resulting therefrom.
Complaints
Any complaint with respect to damaged goods, delay in delivery, or missing goods, must be directed to Gokada’s registered office, phone call, or email address within 1 day after the completion of the order at the following details support@gokada.ng. Where you fail to lodge a complaint within the specified period the complaint shall be foreclosed and any further complaint in respect of the same order will not be entertained. All complaints must be made by sending an email to Gokada’s email address, phone call or in writing to the registered address as stated above.
Account Deletion
You may delete your Account at any time by sending an email to accountdeletion@gokada.ng with the following subject “Please delete my account”. The Gokada account created with the email address used to send the email instructing us to delete your account together with any associated personal data on the use of the Service will be deleted. Furthermore, certain data may be permanently deleted if you delete the Account. This section is subject to the Deletion or return of Data section above.
Other Legal Terms
Disclaimers; Limitation of Liability; Indemnity
DISCLAIMERS
THE GOKADA SUPER APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” GOKADA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, GOKADA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE GOKADA SUPER APP, SERVICES OR ANY OTHER SERVICES REQUESTED THROUGH THE USE OF THE GOKADA SUPER APP, OR THAT THE GOKADA SUPER APP WILL BE UNINTERRUPTED OR ERROR-FREE. GOKADA AND ITS AFFILIATES DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONS PROVIDING SERVICES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE GOKADA SUPER APP AND SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Gokada and its affiliates are not responsible for the conduct, whether online or offline, of any User, Merchant, mobile operator, or any other third party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Users, Merchants or any other third party.
We are not required to procure insurance for, nor are we responsible for private belongings, such as the damage or loss of private belongings, including but not limited to damage or loss caused by: (i) theft or snatching; (ii) because the belongings are left in a vehicle or left unattended; or (iii) Merchants (or their authorized personnel) when providing a service or a product which you have requested to be delivered through the Gokada Super App. You are advised not to keep your personal belongings unattended, including when you request any persons including Merchant or personnel providing a Service, in your household or other premises.
By using the Gokada Super App and participating in the Services, you agree to accept such risks and agree that Gokada is not responsible for the acts or omissions of Users, Merchants, mobile operators, or any other third party.
You acknowledge that Gokada may have its own insurance coverage from which you may benefit. In the event thereof, you agree to provide proper notification of an insurance claim or documents to process such insurance claims and accept the benefit of any insurance service provided at your own risk and you hereby acknowledge that Gokada is not acting as a broker in connection therewith, nor does it provide any guarantees, warranties or any other assurances in connection therewith.
Gokada and its affiliates expressly disclaim any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User Account or you suspect any other breach of security, you agree to notify us immediately.
Location data provided by the Gokada Super App is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Gokada, nor its Affiliates nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Gokada Super App. Any of your information, including geolocational data, you upload, provide, or post on the Gokada Super App may be accessible to Gokada.
Goods In Transit Insurance
As of the date of this Agreement, all eligible Goods delivered through the Gokada Super App shall be covered by a Goods In Transit Insurance of no more than N150,000.00, subject to the terms and conditions of the insurance policy and processes and all other provisions relating to insurance as stated herein.
Disclaimer - delivery of goods including medical goods, meals and perishables:
Where goods or medicines are delivered to you as part of the Services provided through the Gokada Super App you hereby acknowledge and accept that all products including but not limited to any medicinal products, meals and perishables made available on the Gokada Super App are provided and delivered by third party providers, who are not affiliated with Gokada and who are independently supplying their products via the Gokada Super App unless stated otherwise. You accept the risk associated with purchase of such goods, including but not limited to any harmful side effects caused by consumption of any such products.
Gokada cannot confirm the accuracy of the description nor quality of the product supplied by such independent third-party goods providers. For medicines, you are requested to consult with your medical practitioner before making any such purchase and/or consuming any medication. Gokada does not guarantee the genuineness of any medical claims including but not limited to date of expiry as claimed by the third-party goods provider distributing any medication via the Gokada Super App. All products made available via the Gokada Super App are delivered by independent third-party goods service providers, Gokada is neither the manufacturer nor the distributor of any goods delivered via the Gokada Super App.
Gokada disclaims responsibility for any harm to persons resulting from any instructions or product descriptions referred to in the Gokada Super App. Gokada is not associated with any manufacturer of medicines,meals, perishables or other products on the Gokada Super App. We do not warrant that the products being supplied will meet your requirements.
It is imperative to seek professional advice from your physician before purchasing or consuming any medicine, meals, perishables in order to be completely aware of the indications, side effects, drug interactions, effects of missed dose or overdose of the medicines or meals and perishables you may order using the Gokada Super App.
LIMITATION OF LIABILITY
To the extent permitted by applicable law, Gokada will not be responsible for:
a) losses that were not caused by its’ breach of this Agreement.
b) any loss or damage that was not, at the time that this Agreement was formed between you and us, a reasonably foreseeable consequence of our breaching this Agreement; or
c) lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not).
Except as may be specifically provided in this Agreement, neither Party shall be liable to the other for any type of special, indirect and/or consequential losses.
GOKADA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE GOKADA SUPER APP OR SERVICES, EVEN IF GOKADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOKADA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE GOKADA SUPER APP OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE GOKADA SUPER APP OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND A PERSONNEL PROVIDING THE SERVICE OR OTHER THIRD PARTY PROVIDER, EVEN IF GOKADA OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOKADA AND ITS AFFILIATES AND ITS PARTNERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PERSONNEL PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER OTHER LOGISTICS SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL GOKADA’S AND/OR AN AFFILIATE’S AND/OR A PARTNER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE GOKADA SUPER APP, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED GOKADA’S FEES PAID BY THE USER FOR THE SERVICE IN QUESTION, OR THE EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE GOKADA SUPER APP MAY BE USED BY YOU TO REQUEST AND SCHEDULE ITS SERVICES BUT YOU AGREE THAT GOKADA, ITS AFFILIATES, MERCHANTS AND OTHER PARTNERS HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU BY GOKADA’S PERSONNEL OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify and hold Gokada, its Affiliates, Partners, Merchant and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, damages, liabilities(including regulatory and legal obligations), and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Gokada Super App and the Services or services or goods obtained through your use of the Gokada Super App; (ii) your breach or violation of this Agreement and/or unauthorized use of the Service in contravention with this Agreement or (iii)your violation of the rights of any third party, including third party personnel utilized for the delivery of the Service or the Gokada Super App.
Warranty
We provide the Service with reasonable care and skill.
Third-Party Links
The Service may contain links to third-party websites, middleware and Super Apps that are not owned or controlled by Gokada including such Super Apps belonging and controlled by Businesses. Gokada has no control over, and assumes no responsibility for, such websites, middleware and Super Apps. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website, middleware and Super App that are integrated with you.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
Assignment
We may transfer all or part of this Agreement to an Affiliate or, if Gokada is sold, to a third party. You shall not assign or transfer this Agreement.
No Waiver
If you do not comply with this Agreement and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Force Majeure
Except for outstanding payment obligations, neither you nor us shall be liable to the other for any failure or delay caused by fires, war, civil disturbances, power surges or failures, acts of God, including floods and other natural disasters, acts of governments, acts of terrorism, labor disputes, failures in communication networks, legal constraints, epidemic, or pandemic (national or global), destruction of production facilities, riot, insurrection, materials unavailability, or other events beyond the reasonable control of a party, provided that the affected party has used all commercially reasonable efforts to mitigate its effects, and has promptly provided that the affected party has used all commercially reasonable efforts to mitigate its effects, and has promptly provided notice of such failure or delay to the other and the time for the performance shall be extended for the period of delay or inability to perform due to such occurrences. If the period of incapacity exceeds two (2) months, you and Gokada shall enter into discussions to agree on a mutually satisfactory resolution. If we fail to reach a mutually satisfactory resolution, Gokada reserves the right to terminate the Agreement forthwith.
Non-Solicitation of Employees
Neither Gokada or the Business or you shall not directly or indirectly solicit or make any offer of employment to the other’s employees, either during the term of the agreement or for a period of eighteen (18) months after the termination of this agreement. A breach of this section will render the defaulting party liable to pay, as a genuine and agreed pre-estimate of damage, an amount equal to eighteen (18) months’ total cost to the other Party’s remuneration of the employee so recruited, which remuneration shall be calculated based on the remuneration for the last month of employment.
Electronic Acceptance of Terms
Click to Accept and continued use of the Gokada service shall be deemed an original signature of this Agreement and shall be legally binding.
No agency
No agency, joint venture, partnership, or employment is created as a result of this Agreement, and both have any authority of any kind to bind the other in any respect whatsoever.
Notices
Notices will be in writing, addressed to the representatives of Gokada and you and delivered by electronic transmission to the email in record as communicated.
Claims of Copyright or IP Infringement
Claims of copyright infringement should be sent to legal@gokada.ng . If you are of the opinion that the Gokada Super App violates your intellectual property, promptly notify Gokada in writing at legal@gokada.ng. For a valid submission of this claim, you must be the owner of the intellectual property or an agent duly authorized to act on his/her behalf. Note that all false claims shall result in the termination of your access to the Gokada Super App. For submission of a claim you must provide the following details in your notice:
a) the intellectual property being infringed;
b) the part of the Gokada Super App that infringes on your intellectual property and include sufficient information about where the material is located on the Gokada Super App;
c) a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Gokada Super App;
d) Your contact details, such as your address, telephone number, and/or email;
e) a statement that the information you provided is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
f) your physical or electronic signature.
Notices
Gokada may give notice by means of a general notice on the Gokada Super App, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Gokada by written communication to Gokada’s email address at legal@gokada.ng.
General
You may not assign or transfer your rights under this Agreement in whole or in part without Gokada’s prior written approval. You give your approval to Gokada for it to assign or transfer its rights and obligations under this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Gokada’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Gokada or any personnel providing the Service as a result of the contract between you and Gokada or use of the Gokada Super App.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Agreement. This Agreement constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
Governing Law
This Agreement, and your relationship with Gokada under this Agreement, will be governed by Nigerian Law, and legal disputes shall be resolved in accordance with this Section. Any dispute that cannot be resolved directly between you and us shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory from the use of the Service. The prevailing Arbitration & Conciliation Act shall apply to this Agreement. Either you or us can initiate arbitration through the Lagos State Multi Door Court House (the "MDCH") pursuant to the prevailing Arbitration and Conciliation Rules (the “Rules”). Your arbitration fees and your share of arbitrator compensation shall be governed by the Rules. The arbitration shall be conducted by telephone or electronic means and shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and us, each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms. The parties also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect our rights or property and all of our partners, affiliates, shareholders, employees, and agents of any kind (together, our "Affiliates"). Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, we may recover from you attorneys' fees and costs up to N5,000,000 in the aggregate, provided that we have first notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
You acknowledge and agree that you and Gokada are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and Gokada and/or any of its Affiliates.
Effective as of September 1st 2023.
Version 1.1
Revision Date: 13th December 2023