ISABIDELIVER TERMS & CONDITIONS
isabiDeliver hereby makes available to users (hereinafter, the “User” or “Users”) the isabiDeliver website and mobile application (hereinafter, jointly, the “Platform”).
In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:
- Company name: isabiDeliver Logistics Integrated Services
- Registered address: suite T4, Vatan Plaza lokogoma, Abuja, Nigeria.
isabiDeliver is an on-demand urban logistics application & platform designed to connect individuals; retailers, buyers, suppliers and anyone needing a courier service to a dispatch service, thereby enabling delivery of anything at any time. The application is available on the Web, Google Play Store, and the iOS App Store. The aim is to bridge the gap between sellers and buyers to get items delivered in time and at affordable rates. Also of note, we offer multiple modes of transportation, from motorbikes, van, cars to trucks, so as different package sizes can be delivered.
isabiDeliver has thus developed a Platform through which a variety of merchants, with which isabiDeliver may have in place a commercial agreement for the use of the platform, offer and/or may include a selection of products and services. Customers can request the purchase and/or collection of products and services from such merchants in person by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, isabiDeliver acts as a mere intermediary and is therefore unable to assume, and does not assume, any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
In addition, isabiDeliver is a platform for intermediation in the contracting of “on demand” services by distance electronic means. Its aim is to make it easier for any persons requiring help with their errands, purchases in person and/or collection of products from local merchants (hereinafter, “Customers”) to carry out their errands by delegating to such third parties, who are willing to voluntarily carry out the mandate given to them by Customers (hereinafter, the “Agents”).
Agents are thus a network of self-employed professionals who work with isabiDeliver. When they wish to provide their services, they log onto the isabiDeliver Agent Platform and undertake to carry out within a certain amount of time the service entrusted to them by the Customer by means of the above-mentioned mandate. As a result, isabiDeliver cannot be responsible for delivery times, as they will depend on the local stores’ own successful operations, the preparation of orders, the Agents themselves, and the information furnished by users when placing orders or their availability and response at the time of delivery. In relation to this, the delivery times stated on the Website are provided for indicative purposes only.
Access and Registration for Customers
In order to be a Customer of the Platform, it is essential that you meet the following requirements:
- You must be at least 18 years of age.
- You must truthfully complete the mandatory fields of the registration form requesting personal details such as the user’s name, e-mail address, telephone number and bank card number.
- You must accept the Privacy and Data Protection Policy
The User warrants that all the information regarding his/her identity and capacity provided to isabiDeliver in the registration forms for the Platform is true, accurate and complete. In addition, the User undertakes to keep his/her details up to date.
If a User provides any false, inaccurate or incomplete information or if isabiDeliver considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, IsabiDeliver may deny that User current or future access to, and use of, the Platform or any of its contents and/or services.
When registering on the Platform, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, IsabiDeliver recommends that users do not use the same login credentials as on other platforms. If a User uses the same login credentials as on other platforms, isabiDeliver will be unable to guarantee the security of the account or ensure that the User is the only person logging into his/her profile.
Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the Platform, or for any other action carried out under their username and/or password.
The user will be the sole owner of the content entered by him/her on the Platform. Furthermore, by registering on the Platform and agreeing to these Terms and Conditions, the User grants IsabiDeliver, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by isabiDeliver, with or without any further communication to the User and without having to pay any amounts for such uses.
isabiDeliver cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform isabiDeliver immediately, using the communication channels made available by isabiDeliver, if their credentials are stolen, disclosed or lost.
Credit Card Theft or Removal
Since isabiDeliver cannot guarantee the identity of registered Users, Users are under an obligation to inform isabiDeliver if they have evidence that the credit card associated with their isabiDeliver profile has been stolen and/or is being fraudulently used by a third party. Therefore, since isabiDeliver and its payment platform are proactive in the protection of Users through the use of appropriate security measures, if a User fails to inform IsabiDeliver of the missing card, isabiDeliver will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account. isabiDeliver suggests that Users report any theft, robbery or suspected misuse of their credit card to the police.
If necessary, isabiDeliver undertakes to cooperate with the User and the competent authorities to provide reliable evidence of the wrongly applied charge. In the event of fraud, isabiDeliver reserves the right to take any action that may be necessary if it has been detrimentally affected by the misuse of the site.
Operation of the Service. Terms of the Mandate
When a User who is registered as a Customer needs help with an errand, he/she must go to the online platform or the relevant isabiDeliver application and request the service using the said electronic methods. The basic courier service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, provided that they are within the territory in which isabiDeliver operates. Similarly, a Customer may ask an agent to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified. The Agent undertakes under a mandate to purchase the products ordered by the Customer on the latter’s behalf and according to his/her indications and specifications.
Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release isabiDeliver and the Agent from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost arising from the provision of an incorrect address for collection and delivery on the Platform.
The Customer must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that he/she is asking the Agent to buy in a physical shop on his/her behalf. To do this, he/she may provide any comments he/she may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Agent to identify the order. The Customer will be in constant contact with the Agent and may communicate with him/her at any time to ensure that he/she carries out the mandate according to the Customer’s own instructions.
In order to facilitate direct communication with the Agent and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, ISABIDELIVER makes available to users an internal chat system allowing direct and immediate contact between the user and the Agent while the order is being carried out. The chat session will be deactivated as soon as the user has received the product or the order is cancelled for any of the reasons envisaged. If a user wishes to contact the Agent or isabiDeliver after the order has been completed, he/she must use the contact form available on the Platform and contact customer service.
The Customer releases isabiDeliver and the Agent from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).
If the price of the product and/or service does not appear on the platform, and since the prices on the Platform are merely indicative, the Customer may set an approximate price. In such case, the service or product may be purchased by the Agent in person based on the Customer’s estimate and never for more than 30% above the said estimate. If the price is higher, the Agent shall contact the Customer to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the purchase in person at the store. isabiDeliver may provide an approximate price estimate, merely for the purpose of helping the User, and such estimate shall not be binding as the final price payable by the User in any event.
If the Customer is not at the place agreed for delivery, the Agent shall retain the product for 24 hours, or for 5 minutes in the case of perishable products. In addition, the Customer must bear 100% of the cost of the basic courier service as well as the price of the product if one has been purchased or contracted through the Agent at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Agent will in no event be liable for the deterioration or expiry of the product to which the assignment related.
Once the assignment has been completed, if the request included the in-person purchase of a product, the Agent shall give the Customer the paper receipt for such product and/or provide it by e-mail. If the object of the assignment is the mere delivery of a product, the Agent shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.
At that moment, the User, who is the recipient of the service identified by the user in the order, or any third party authorised by him/her, must ratify the mandate given by signing on the Agent’s device. isabiDeliver is unable to verify the authenticity of the User’s signature. If the User receives confirmation that the order has been carried out without having ratified the mandate either personally or through a recipient authorised by him/her, he/she must inform isabiDeliver immediately so that appropriate steps can be taken by the Platform. IsabiDeliver reserves the right to check any communications of this nature made by the User for corroboration and monitoring purposes.
FOOD / PACKAGED PRODUCTS: isabiDeliver recommends that, when ordering food products under a vendor, Users ask the Agent and/or the restaurant or establishment offering the products, using the methods available on the Platform, for information on the content and composition of the food products ordered.
If a Customer wishes to return a product or make a claim about the provision of a service, without prejudice to isabiDeliver’s ability as intermediary to take over the handling thereof, the party with ultimate liability shall always be the merchant at which the purchase was made. If the Customer obtains a refund for the purchase price, the merchant will decide how to make the refund (cash, credit card, store voucher, etc.) regardless of whether it is isabiDeliver who pays the refund on the local merchant’s behalf. Therefore, the return of a product purchased by the Agent pursuant to a mandate conferred by the Customer shall be subject to the merchant’s returns policy in any event.
As certain establishments may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact isabiDeliver’s customer service for the necessary help and support using the channels available on the Platform.
If a User wishes to process the return of a product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
The Customer must check the products delivered by the Agent at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the purchase in person or the service carried out on his/her behalf. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.
In any event, the decision regarding whether a return is appropriate will lie with the merchant in each case. The Customer must therefore inform isabiDeliver through the methods provided by IsabiDeliver for that purpose if a dispute arises.
Prices of the Services and Billing
Registration and use of the Platform is completely free for Customers.
The use of the Platform by Agents and merchants may have an associated cost.
The Customer only has to pay for each service requested through the Platform for his/her use thereof to order products, and to communicate through the Platform, as well as for the courier or errand services provided by third parties. In addition, for services that include the purchase of a product, the User must pay the price of such product. By registering through the Platform and providing the required bank details, Users expressly authorise isabiDeliver to issue receipts for payment of the services requested, including the price and delivery of the products ordered.
The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Agent, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant. isabiDeliver reserves the right to change the price based on the distance travelled and/or the time slot in which the service is performed. In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalising payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond isabiDeliver’s control that entail an increase in such fee.
The fee may include tips for the Agent and/or the local store, whose amount shall be solely and entirely at the User’s discretion.
isabiDeliver reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorises isabiDeliver to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated. If an invoice is required, the user must enter the relevant tax data on the platform before placing the order.
If a service is cancelled by the user once the preparation of the order by the local merchant has been confirmed and the User has been informed, isabiDeliver shall be entitled to charge the Customer the fee applicable in each case. Similarly, if the User has asked the Agent to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Agent as well as the price of the product. All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through IsabiDeliver, he/she must request a new service.
Payment for products and/or services offered on the Platform and sold in person at Restaurants and/or stores and delivered to Customers in a deferred manner is temporarily made to isabiDeliver, who then sends it to the Restaurants and/or stores with which it has a commercial agreement in place. The Restaurants and/or associated establishments authorise isabiDeliver to accept payment on their behalf. Payment of the price of any product (such as food, drink, a gift, etc.) properly made to isabiDeliver will therefore discharge the Customer’s obligation to pay the said price to the Restaurant and/or associated establishments.
Similarly, the Customer’s payment releases him/her from any obligation vis-à-vis the Agent, as full payment from the Customer discharges any obligation that the Customer may have vis-à-vis Partners and/or Mandataries.
Payment by Customers for products and/or services is received at isabiDeliver’s accounts through an Electronic Money Institution. Electronic Money Institutions are authorised to provide regulated payment services in all the territories in which isabiDeliver operates and are in compliance with the current legislation applicable to payment services for Platforms such as IsabiDeliver.
Using the payment provider contracted by it for this purpose and for the sole purpose of verifying the means of payment provided, isabiDeliver reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the platform. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this shall be done solely and exclusively after the products have been made available to the user or for the reasons set forth in these terms and conditions.
In order to provide Users with greater support, isabiDeliver shall be their first point of contact and shall accept liability for payments made on the platform. Such liability includes refunds, returns, cancellations and early-stage dispute resolution and is without prejudice to any actions that may be taken by isabiDeliver vis-à-vis local establishments as the sole physical sellers of the products ordered by Users.
In accordance with the foregoing, in the event of a dispute, isabiDeliver shall provide the first line of support and shall reimburse the user if this is deemed appropriate.
If the User has any problem with the progress of his/her order, he/she may contact isabiDeliver’s customer service through the methods made available to Users on the Platform.
Price of the Products and/or Services Appearing on the Platform
All the prices stated on the Platform are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall in any event be denominated in the currency in force in the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service shall be as published on the Platform, subject to the specific characteristics set forth above, and applied automatically at the last stage of the contracting process.
However, the prices of the products sold in restaurants and/or stores shown on the IsabiDeliver Platform may be indicative only. In any event, they correspond to the products sold in restaurants and/or stores, and they are set solely by them. The Customer may contact the Agent to confirm the final price of the products ordered.
The User assumes that, in any case, the price of some products may change in real time based on the establishment that sells them and on the available stock. The User may contact isabiDeliver for any information about the order placed.
In accordance with the foregoing, the Customer grants the Agent, by means of the purchase and delivery request made through the platform, a mandate to purchase the products in person, on his/her behalf, at the price set by the merchants. The Customer may be in direct contact with the Agent, both when placing the order and during its delivery, to tell the Agent which product is being ordered.
Promotional Codes and/or Other Offers or Discounts
Promotional codes and/or other offers or discounts offered on the Platform must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy their benefits.
isabiDeliver may at any time and unilaterally provide credits to use within the Platform or free delivery to certain users. The User acknowledges and accepts that the credits and free shipping must be used within six (6) months from the date the credit or free shipping is made available to the User on the Platform.
Whenever a cancellation is requested by isabiDeliver in accordance with Section 9 below, the Customer shall ensure that the promotional code and/or other offer or discount is valid for future use. When the cancellation is at the User’s request, Section 9 below will apply.
isabiDeliver reserves the right to cancel promotional codes and/or other offers or discounts offered if it becomes aware of a fraudulent use thereof (such as, among others, redeeming a promotional code when the person redeeming it is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to users for the amount for which the Company has been defrauded as a result of such use.
isabiDeliver will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of promotions.
In particular, isabiDeliver will accept no liability if the website is not available at any time during promotions or for a malfunction in the automated promotion system.
Right of Withdrawal and Cancellation of Orders
In accordance with the nature of the service offered by isabiDeliver, the User is aware that, once a Agent has voluntarily accepted an order, the execution of the purchase/request mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge.
Without prejudice to the foregoing, cancellation fees may depend on the following factors;
If the restaurant or establishment or agent has already accepted the order and started it, the User will be charged the price of the products/service. The user will be informed of the acceptance through the Platform and/or by e-mail at the e-mail address registered by the user.
If the user cancels the order once the Agent has accepted it for processing, the user will be charged the cancellation fee. View charges HERE
If the restaurant or establishment and the Agent have accepted the order for processing, the user will be charged both the price of the products and the cancellation fee.
The User may check the total cancellation fees for each order using the Platform’s “Cancel” button. The User will be shown the charge to be applied, based on the factors described above, in advance.
In the case of certain cities, it may not be possible to view the cancellation fees directly on the Platform. In such cases, the applicable cancellation fees will be those set forth in Annex II hereof.
In addition, if the Agent has already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Agent to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the Agent has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and isabiDeliver will therefore be entitled to charge him/her for both the product already purchased by the Agent under his/her mandate and for the cost of the delivery service incurred.
If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which isabiDeliver provides its intermediation service. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.
isabiDeliver reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at isabiDeliver’s instance, the User shall be entitled to a refund of the amount paid.
isabiDeliver has official claim forms available to consumers, in the official languages of the countries in which isabiDeliver operates, in relation to the service offered by it. Consumers may request the above-mentioned claim forms through isabiDeliver’s customer service, and the option to access them will be sent automatically. The consumer’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.
Special Terms of the Purchase Service Ordered through isabiDeliver
The Customer has the option of requesting through the Platform the purchase by a Agent, in person, of a selection of products and/or services offered by establishments with which isabiDeliver may or may not have a commercial agreement in place. Using a drop-down menu within the Platform, the Customer can choose from among a number of options that may indicate the characteristics and price of the product or service and, sometimes, even a photograph thereof, for indicative purposes only.
If a User wants to know the composition and nutritional information of the products available on the Platform, he/she must contact each establishment directly (using the contact details provided by isabiDeliver for the user’s convenience) in order to access full information about the products.
Once the Customer has selected one of the options, he/she can also complete the order by using the free-text space provided in order to include more detailed information or instructions for the Agent who is to carry it out.
By using the said free-text space, the Customer states his/her wish to order the purchase in person of certain products, and the Agent will be a mere agent acting on the Customer’s behalf. As a result of the foregoing, the customer shall be solely responsible, and it would be the customer who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that isabiDeliver actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug trafficking, money laundering, terrorism and identity theft. The User is therefore aware that isabiDeliver may disclose his/her data to public authorities on their request in order to prevent and avoid the commission of these or other criminal offences.
The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that isabiDeliver is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.
Furthermore, the Customer accepts that all the products appearing on the isabiDeliver platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the Merchant. In addition, the price of the product is subject to slight variations due to modifications at the point of sale. isabiDeliver reserves the right to proceed with the purchase in the case of price variations of up to 30%. If the variation is greater than the said 30%, the Agent shall contact the customer to inform his/her of the situation.
isabiDeliver reserves the right to withdraw any product from its platform, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.
isabiDeliver provides Customers with a delivery service for products purchased by a Agent in person in certain cities. Such an order can be made whenever the following conditions are met at the time of payment:
- The service must be operative during the chosen time slot.
- The goods to be delivered must be in one of the cities, and within the available area, in which isabiDeliver operates.
- The destination must be located in the same city as the product.
- The product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm.
- The maximum weight of a single order will be approximately 9 kg.
Price and Payment Method
The price of the product and/or service shall be as stated by the Merchant on the Platform. However, the Customer knows that the price of some of the products may vary in real time due to stock availability at the establishments appearing on the platform, and that the Customer will in any event always be told the final cost before payment.
The Customer will be in constant contact with the Agent, who shall act on the former’s behalf in the purchase of products and services. Any change or variation shall therefore be reported by the Agent before carrying out the mandate for the Customer’s approval. If the Customer wishes to include any indications regarding the order, he/she will always be able to contact the Agent who is carrying out the mandate given directly.
Similarly, at the payment gateway stage, the Customer will be informed of the final price and approximate time of delivery in accordance with the terms of isabiDeliver’s courier service set forth above.
The Customer may pay for the products and/or services in cash or Bank transfer or by credit card. The cash payment option may be unavailable in some of the stores in which isabiDeliver operates. When making the order, the Customer will be informed of the various payment options available in the territory from which the service is being requested. In order to pay with a credit card, the Customer must provide the card details through the platform as a payment method associated with his/her account. isabiDeliver does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the payment service provider that makes the payments on isabiDeliver’s behalf. Customers paying by credit card will incur no additional charges for choosing this payment method. All this in accordance with the terms of the payment platform set forth above.
In the case of cash payments, the customer must pay the price at the time of delivery of the product and/or on completion of the assignment at the place of delivery. The customer may not refuse to pay the delivery fee and/or the price of the product ordered. The customer can only refuse to pay for the service if he/she has made a complaint and has received a response from isabiDeliver that is favourable to the Customer by the time of the delivery.
If payment for the service can for any reason not be taken from the customer, the user’s account shall be blocked until the situation has been rectified and the debt has been settled.
Home Delivery of Free Samples and Other Commercial Actions
isabiDeliver reserves the right to enter into commercial agreements with Stores, Department Stores, Entrepreneurs, Professionals (e.g. mass market food companies, laboratories, Department Stores, large and small consumer brands, etc.) to send promotional communications, including the addition of free samples to the order delivered to the User’s home.
Purchases of Alcohol
Users who place an order that includes the purchase and/or delivery of alcoholic drinks through the platform must be of legal age; i.e. 18 or older. When making an order that includes alcoholic drinks, the User confirms that he/she is at least 18 years old. isabiDeliver reserves the right to refuse the order for the purchase and/or delivery of alcohol to any person who is unable to prove that they are at least 18 years old.
This clause will apply in exactly the same way to any other similar product and/or service ordered by a User through the Platform that is reserved for over-18s under the current legislation.
Similarly, in those cases and cities in which the sale and/or delivery of alcoholic drinks is restricted during a particular time slot, it is the User’s responsibility to place orders only during the times allowed under the applicable legislation. isabiDeliver reserves the right to refuse the order for the purchase and/or delivery of alcohol outside the permitted times.
Products from Pharmacies
In accordance with the current legislation, isabiDeliver does not sell or advertise medicines for human use through the Platform. Vendors act as agent of those Users who order, through the Platform, non-prescription drugs for human use for collection.
ISABIDELIVER has included a SPECIAL REQUEST box so that, in the event of doubt, the User can use it to consult the pharmacist who is to dispense the product(s), all this in order to ensure that the Pharmacist can dispense the correct product.
In any event, isabiDeliver will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.
In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.
Policy on the Delivery of Restricted Items
Non-Exhaustive List of Examples:
|Alcohol and Tobacco Products||Deliveries of alcohol and tobacco products may be limited or restricted in certain countries and/or cities in which the Platform operates.|
|Animals and Regulated Species||Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.|
|Child pornography||Pornographic material involving children or content that may be perceived as erotic paedophilia.|
|Copyright on Software and Media||Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.|
|Counterfeits and unauthorised products||Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.|
|Devices or tools for overcoming security measures||Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.|
|Drugs||Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.|
|Gambling and Betting||Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.|
|Products Sold in Pharmacies||Deliveries of pharmaceutical products may be limited or restricted in certain countries and/or cities in which the Platform operates. Prescription drugs may not be ordered/delivered. OTC (over-the-counter) medicines, ancillary medical devices, as well as any other products for hygiene, nutrition or similar for human use sold in pharmacies are subject to the mandate given by the User to the Agent and to what the pharmacist may deem appropriate.|
|Materials for hacking and cracking||Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.|
|Human Body||Organs or other body parts; body fluids; stem cells; embryos.|
|Stolen or illegal goods||Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the IsabiDeliver User) are solely and fully responsible for checking that all items are genuine and legal.|
|Illegal telecommunications equipment||Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.|
Goods, literature, products or other materials that:
• Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender or any other factor.
• Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g. the royal family in some jurisdictions).
• Praise or incite the commission of violence.
• Promote intolerance or hatred.
• Promote or support membership of terrorist groups or other organisations that are prohibited by law.
• Are contrary to public morals.
|Offensive goods related to a criminal offence||Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.|
|Precious materials||Bulk sales of rare, scarce or valuable stones or materials.|
|Culturally protected artefacts||Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites);|
|Pyrotechnic devices and dangerous substances requiring special permission||Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.|
|Traffic-related devices||Radars, number plate holders, illegal traffic-modification devices and related products.|
|Weapons||Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.|
|Money and Foreign Currency||Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities|
|Primary and Secondary Schools / Use by children||We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.|
|Misuse of the platform / Abuse||We will not tolerate the use of abusive language or abusive attitudes towards our company or freelance workers.|
isabiDeliver may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by IsabiDeliver to show Users the location of the point of origin and/or destination of an assignment. In this regard, Users expressly consent to their geolocation data being shared with other Users and Suppliers in order to successfully carry out the assignment requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Protection Policy:
Users shall be responsible for entering the correct addresses for collection and delivery. In this regard, isabiDeliver will accept no liability for errors or omissions in the provision of such addresses by the User.
The User’s Obligations
Users are responsible for correctly entering their individual usernames and passwords, which must be non-transferable and sufficiently complex, and for not using the same username and password as on other platforms, all this in order to protect their account from fraudulent use by third parties not belonging to the platform.
Users shall refrain from using their profile and other Platform contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Platform and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the Platform.
isabiDeliver may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any of the opinions that may be issued by Users of the Platform, whose consequences shall be the sole responsibility of their issuers.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. IsabiDeliver will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users undertake, by way of example without limitation:
- To refrain from altering or modifying the Platform, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
- To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
- To refrain from using the Platform to insult, defame, intimidate or harass other Users or attacking their image;
- To refrain from accessing other Users’ e-mail accounts;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to isabiDeliver’s or third parties’ contents or systems;
- To refrain from sending mass and/or recurring e-mails to a number of people, or from sending third parties’ e-mail addresses without their consent;
- To refrain from advertising goods or services without isabiDeliver’s prior consent.
Representations and Warranties
By using the Software or Services, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Software are not available to children (persons under the age of 18). By using the Software or Services, you represent and warrant that you are at least 18 years old. By using the Software or the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws of the Republic of Nigeria. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct Software for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Software with an incompatible or unauthorized device.
By using the Software or the Services, you agree that:
- You will only use the Service or Software for lawful purposes; you will not use the
- Services for sending or storing any unlawful material or for fraudulent purposes. Any packages tendered for delivery shall be subject to random checks for restricted and illegal substances upon reasonable suspicion by the courier service provider. Where the checks reveal any potentially corrosive, poisonous or explosive contents or unlawful material the courier service provider shall decline delivery of the package and immediately notify the Company.
- You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service Providers or Software in any way whatsoever.
- You will not copy, or distribute the Software or other content without written permission from the Company.
- You will only use the Software and Service for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will provide us with whatever proof of identity we may reasonably request.
License Grant & Restrictions
The Company hereby grants you a non‐exclusive, non‐transferable, right to use the Software solely for your own personal, non‐commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way;
- modify or make derivative works based upon the Service or the Software;
- create Internet “links” to the Service or “frame” or “mirror” any Software on any other server or wireless or Internet‐based device;
- reverse engineer or access the Software in order to
- build a competitive product or service;
- build a product using similar ideas, features, functions or graphics of the Service or Software, or
- copy any ideas, features, functions or graphics of the Service or Software, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Software.
You may use the Software only for your personal, non‐commercial purposes and shall not:
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein;
- attempt to gain unauthorized access to the Software or Service or its related systems or networks.
Intellectual Property Ownership
The Company alone (and its licencors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third‐party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third‐party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third‐party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Software or Service and other mechanisms to subsidize the Software or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Services or Software should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at https://isabideliver.com . The Company may compile and release information regarding you and your use of the Software or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of courier services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR SOFTWARE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE COMPANY’S SERVICE AND SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Limitation of Liability
EXCEPT AS EXPRESSLY STATED HEREIN, THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF PASSENGER, LOGISTICS AND/OR COURIER SERVICES PROCURED THROUGH THE ISABIDELIVER APP. IN ANY CASE AND IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FOR COURIER SERVICE PROVIDERS CONNECTED TO YOU BY THE COMPANY, IT WILL NOT ASSESS THEIR SUITABILITY, LEGALITY OR ABILITY AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY COURIERS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. UNLESS OTHERWISE AGREED TO BY YOU AND THE COMPANY, THE COMPANY SHALL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SOFTWARE OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SOFTWARE OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAWS OF THE REPUBLIC OF NIGERIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE).
THE QUALITY OF THE PASSENGER, LOGISTICS OR COURIER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE SERVICE, YOUR SHIPMENTS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE SERVICE AT YOUR OWN RISK.
THE COMPANY SHALL ENSURE THAT THE PASSENGER, COURIER AND LOGISTICS SERVICE PROVIDERS OBTAIN AND KEEP A COMPREHENSIVE MOTOR VEHICLE INSURANCE, PERSONAL ACCIDENT COVER AND/OR CARRIER’S LIABILITY COVER, AS APPLICABLE. THE CARRIER’S LIABILITY COVER SHALL PROVIDE INSURANCE COVERAGE AGAINST LOSS OR DAMAGE FOR PACKAGES DELIVERED THROUGH THE ISABIDELIVER APPLICATION.
YOU SHALL ONLY BE ENTITLED TO COMPENSATION FROM THE INSURANCE PROVIDER UNDER THE CARRIER’S LIABILITY COVER IN THE EVENT OF LOSS OR DAMAGE TO A PACKAGE. HOWEVER, YOU RETAIN THE RIGHT TO HAVE THE PACKAGE DELIVERED THROUGH THE ISABIDELIVER PLATFORM WITHOUT THE OPTION OF RECEIVING COMPENSATION FOR LOSS OR DAMAGE UNDER THE CARRIER’S LIABILITY COVER IF ITEM IS DIFFERENT FROM THE DECLARED ITEM OR ILLEGAL ITEM OR ITEM TRANSPORTED THROUGH THE WRONG VEHICLE TYPE.
Notices made by us for You or Your account specifically (e.g., notices of breach and/or suspension) will be provided to You via a notification message displayed on Your account page or via the email address provided to us in Your registration for the Services or in any updated email address You provide to us in accordance with standard account information update procedures we may provide from time to time. It is Your responsibility to keep Your email address current and You will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not You actually receive the email. For notices made by You to us and for questions regarding this Agreement or the Services, You may contact ISABIDELIVER management at email@example.com.
The Company reserves the right to close or suspend Your account without prior warning should You contravene any of the terms and conditions of this Agreement and any future amendments and additions thereto.
Any Agreement with the Company may not be assigned by You without the prior written approval of the Company and any such purported assignment in violation of this section shall be void.
The Agreement may be assigned without your consent by the Company to:
- a parent or subsidiary
- an acquirer of assets
- a successor by merger
Responsibility. If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of Your Agreement with the Company and/or these Terms and Conditions, You shall be deemed to have taken the action Yourself.
Severability. If any portion of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms and Conditions will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms and Conditions, and the rest of the Terms and Conditions shall remain in full force and effect.
Waivers. The failure by us to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.
Successors and Assigns. These Terms and Conditions will be binding upon, and inure to the benefit of the Company and any contracting parties and their respective successors and assigns.
International Sale of Goods; Export and Import Control Laws and Regulations . You and ISABIDELIVER hereby agree to opt out from and expressly exclude any applicability of the Uniform Information Transactions Act (UCITA). Services, Content, and product derived or obtained from ISABIDELIVER Services may be subject to the NIGERIA export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, re‐export or import authorizations required by NIGERIA or your local laws; (b) not use Services, Content, or direct product from ISABIDELIVER Services to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from ISABIDELIVER Services to prohibited countries and entities identified in the NIGERIA export regulations.
No Agency . Nothing in these Terms and Conditions shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between ISABIDELIVER and You.
No Third Party Beneficiary . You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to any agreement entered into with the Company.