Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and OgaMusah Services Limited (‘the Company’ or ‘OgaMusah’ or ‘we’ ‘our’ or ‘us’). It governs your access to and the use of OgaMusah’s website, mobile application and the services provided by OgaMusah. Our collection and use of your personal information in connection with your use of our services is described in our Privacy Policy. Privacy Policy. Your access to use our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, partners, shippers and any other person who access or use our services. Our website is not directed at you if we are prohibited by any law of any jurisdiction from making the information on our website available to you and is not intended for any use that would be contrary to your local law or regulation. By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access our services.
1. Definitions
In these Terms,
“Account” means a unique personified account registered in the name of the User and which contains details of the User’s transactions/operations on the Platform (as defined below).
“Applicable Laws” means all applicable regulations, laws, codes, guidelines, policies, rules, and directives of any competent regulatory authority in the Federal Republic of Nigeria.
“Mobile Application” means any mobile application developed by OgaMusah.
“Platform” means, collectively OgaMusah’s website, mobile application and other related applications provided by OgaMusah.
“Service(s)” means all products and services provided to you by OgaMusah and as described in clause 3 of these Terms.
“Partner” means service providers engaged by OgaMusah to provide car care, laundry care, home care or logistics services to OgaMusah’s customers.
“User” means persons, customers and visitors who access the Service.
2. Acceptance of Service
The Service is offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Platform, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the Platform that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Platform may be subject to additional terms and conditions adopted by the Platform. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. OgaMusah reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Platform. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Platform and the Service. Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. OgaMusah reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. OgaMusah may also impose limits on certain features and Services or restrict your access to parts of or the entire Platform without notice or liability.
3. Scope of OgaMusah's Services
3.1. OgaMusah is an errand service company that provides laundry, logistics, car care, home care errands.
3.2. Our Services can be accessed through our web and mobile applications.
3.3. To access the Service, a User is required to sign up on the Platform and create an account (OgaMusah Account) by providing the User’s name, email, phone and password.
3.4. A User is granted access to use the Platform and has a responsibility to ensure that no third party shall gain access to the User’s account information.
3.5. OgaMusah may make the access to the Platform and the Services, or certain areas or features of the Platform, subject to certain conditions or requirements, such as, meeting specific eligibility criteria.
3.6. You must be at least 18 years old and able to enter into legally binding contracts to access and use of the Services. By accessing or using the Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
3.7. OgaMusah does not assume any responsibility for the confirmation of any User’s identity or ownership of any vehicle, or the goods. Notwithstanding the above, for transparency and as permitted by Applicable Laws, we may ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of the Users and their ownership of their vehicles and goods in case of shipping.
3.8. You agree to strictly observe the security and authentication procedures of the Platform and you will log out from the Platform at the end of every visit.
3.9. You agree to provide the accurate invoice for your shipping items at all time.
3.10. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account on our Platform and the Service.
3.11. It's your duty to monitor / keep your valuables when a partner comes to your home for home care.
4. Users’ Representations & Warranties
Representations and warranties are statements and promises made by you to OgaMusah, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
4.1. you are over the age of 18 years;
4.2. you are of sound mind and have the capacity to enter into a legally binding contract;
4.3. all personal information that you provide about yourself is accurate and true to the best of your knowledge;
4.4. all information that you provide about your vehicle/home description is accurate and true;
4.5. all information that you provide about your shipping is accurate and true;
4.6. you shall not create more than one account or create an account for anyone other than yourself (with the exception of accounts created for corporate organisations); and
4.7. you are not breaching any Applicable Laws or regulations that are applicable to you or any company, trust or partnership.
5. Payment
5.1. Our errand service requires an upfront payment to show confirmation of your bookings.
5.2. Partners reserve the right to adjust its pricing where necessary.
5.3. Payments to OgaMusah shall be made through a bank transfer or any of the payment gateways provided on the Platform.
5.4. You warrant that you shall provide complete and accurate payment information.
5.5. By providing your credit or debit card and other payment information accepted by our payment service provider, you are expressly agreeing that we are authorised to charge the relevant fees for your use of the Service, together with any applicable taxes.
5.6. If you disagree with any payment transaction, you are to submit such complaint to howfar@ogamusah.com within 3 (three) days of the payment transaction (“Dispute Period”).
6. Partners
You acknowledge that OgaMusah may use Partners within its network to provide its Services to you and you hereby authorise OgaMusah to refer its Partners to you for the provision of its Services to you.
7. Intellectual Property
You acknowledge that OgaMusah may use Partners within its network to provide its Services to you and you hereby authorise OgaMusah to refer its Partners to you for the provision of its Services to you.
7.1. The Service and all rights in our product name, trade names, logos, service marks, slogans, product packaging, its original content, features and functionality are and will remain the exclusive property of OgaMusah. Our trademarks may not be used in connection with any product or service without our prior written consent.
7.2. OgaMusah may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Platform ("User Content"); and (ii) access and view User Content and any content that OgaMusah itself makes available on or through the Platform, including proprietary content and any content licensed or authorized for use by or through OgaMusah from a third party ("OgaMusah’s Content" and together with User Content, "Collective Content").
7.3. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OgaMusah or its licensors, except for the licenses and rights expressly granted in these Terms.
7.4. Subject to your compliance with these Terms, OgaMusah grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.
7.5. Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
8. Special Provisions for Mobile Applications
8.1. OgaMusah may make available Mobile Applications to access the Services via a mobile device. To use the Mobile Application, you must have a mobile device that is compatible with the mobile service.
8.2. OgaMusah does not warrant that the Mobile Application will be compatible with your mobile device. OgaMusah hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
8.3. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile/Web Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.
8.4. You acknowledge that OgaMusah may from occasionally issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades.
8.5. Standard data charges from your mobile network or internet service provider may apply to your use of the Mobile Application.
8.6. The following additional terms and conditions apply with respect to any Mobile Application that OgaMusah provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
8.6.1 You acknowledge that these Terms are between you and OgaMusah only, and not with Apple, Inc. (“Apple”).
8.6.2. Your use of OgaMusah’s iOS App must comply with Apple’s current App Store Terms of Service.
8.6.3. OgaMusah, and not Apple, is solely responsible for our iOS App and the Services and related content available on our iOS App. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
8.6.4. You agree that OgaMusah, and not Apple, is responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) and claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
8.6.5. You agree that OgaMusah, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
8.6.6. You agree that OgaMusah, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
8.7. The following additional terms and conditions apply with respect to any Mobile Application that OgaMusah provides to you designed for use on an Android-powered mobile device (an “Android App”):
8.7.1. You acknowledge that these Terms are between you and OgaMusah only, and not with Google, Inc. (“Google”).
8.7.2. Your use of OgaMusah’s Android App must comply with Google’s current Android Market Terms of Service.
8.7.3. Google is only a provider of the Android Market where you obtained the Android App. OgaMusah, and not Google, are solely responsible for OgaMusah’s Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to OgaMusah’s Android App or these Terms.
8.7.4. You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to OgaMusah’s Android App.
Prohibited Activities
9.1. You shall not use the Platform for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Violation of our rules may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any OgaMusah Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).
9.2. Users shall not utilize the Platform or the Services for any illegal purpose.
9.3. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Platform, you will not and will not assist or enable others to:
. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
. use the Platform or any content therein for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with OgaMusah;
. copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Platform in any way that is inconsistent with OgaMusah’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
. use the Platform in connection with the distribution of unsolicited commercial messages ("spam");
. offer as a trader;
. use the Platform with the intention to circumvent any subscription fees or for any other reason;
. request, accept or make any payment for orders outside of the Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold OgaMusah harmless from any liability for such payment;
. use, display, mirror or frame the Platform or Collective Content, or any individual element within the Platform, OgaMusah’s name, any trademark, logo or other proprietary information belonging to OgaMusah, or the layout and design of any page or form contained on a page in the Platform, without OgaMusah’s express written consent;
. dilute, tarnish or otherwise harm OgaMusah’s brand in any way, including through unauthorized use of Collective Content, registering and/or using derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to OgaMusah’s domains, trademarks, taglines, promotional campaigns or Collective Content;
. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;
. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by OgaMusah or any of OgaMusah’s providers or any other third party to protect the Platform;
. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
. violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.4. You acknowledge that OgaMusah has no obligation to monitor the access to or use of the Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist OgaMusah in good faith, and to provide OgaMusah with such information and take such actions as may be reasonably requested by OgaMusah with respect to any investigation undertaken by OgaMusah or a representative of OgaMusah regarding the use or abuse of the Platform.
10. Damages & Theft
OgaMusah shall not be responsible for any loss of or damage to your vehicle(s) due to or arising from fire, weather, theft or any other cause except the sole negligence of OgaMusah or any of its partners. Any item left in your vehicle(s) during any scheduled maintenance, inspection or repair, are left at your own risk and OgaMusah shall not be responsible for any loss or damage to any personal property left in your vehicle(s) or for loss or damage to any cargo, materials or supplies carried on or in such vehicle(s), whatever the cause.
11. Links to other Website
11.1. The Platform may contain links to third-party websites or services that are not owned or controlled by OgaMusah.
11.2. OgaMusah has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that OgaMusah shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
12. The Platform may contain links to third-party websites or services that are not owned or controlled by OgaMusah.
12.1. We may terminate or suspend our Service to you immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Platform and our Service will immediately cease. If you wish to terminate your transaction, you may simply send an email to howfar@ogamusah.com .
13. Indemnity
You agree to indemnify and hold harmless OgaMusah, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
13.1. your fraudulent or illegal use of the Services or the Platform;
13.2. your negligence or any default by you of any of these Terms;
13.3. any inaccurate or incomplete information that you have knowingly provided to us;
13.4. you allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
13.5. any claim made against you for actual or alleged infringement of OgaMusah’s Intellectual Property or any actual or alleged infringement of a third party’s Intellectual Property arising out of or in connection with our Services or your use of the Platform.
14. Limitation of Liability
In no event shall OgaMusah, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
14.1. your use of the Platform or the Services or your inability to use the Platform or the Services;
14.2. any conduct or content of any third party on the Platform;
14.3. any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
14.4. any legal proceedings between the you and any third parties.
Disclaimer
15.1 Your use of the Service is at your sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
15.2 OgaMusah, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Platform will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements.
15.3 For the free vehicle inspection services provided by OgaMusah, OgaMusah shall not be responsible for any damage that occurs to your vehicle(s) where, after receiving a digital health report on your vehicle(s), such report is taken to an external partner for subsequent repair.
Any partners that OgaMusah assigns or sends to you for the maintenance or inspection or collection of your home or shipping items is only authorised to perform the tasks that you and OgaMusah have agreed to. Where you personally engage the partners to provide you with services outside the agreed service, OgaMusah
OgaMusah shall never send a partner to you without notifying you via email or telephone. You are to confirm from OgaMusah that any partner that has access to your vehicle for any scheduled maintenance or repair work is from OgaMusah.
Governing Laws
16.1 These Terms shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
16.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Dispute Resolution
17.1
Any disputes arising under or in connection with the validity, interpretation and performance of this Terms between you and OgaMusah or between OgaMusah and any third party that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.17.2 The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
17.3 Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
18. Force Majeure
OgaMusah shall not be liable for failure to perform, or for delay in performing its obligations hereunder if such failure or delay shall be due to natural disasters, war, riot, civil commotion, weather, pandemics, epidemics, labour disputes, failure of sub-contractors or any other cause beyond its reasonable control and whether or not of a similar nature to the foregoing.
19. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to OgaMusah’s Platform or Services. You may submit your feedback by emailing us at howfar@ogamusah.com . Any feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting your feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.20. Changes to Terms of Service
OgaMusah reserves the right, in its sole discretion, to change the Terms of Service. OgaMusah encourages you to periodically review the Terms to stay informed of our updates.
21. Contact Us
If you have any questions about these Terms, please contact us at howfar@ogamusah.com . This document was last updated in 01/04/2022.