TERMS AND CONDITIONS

1. INTRODUCTION

AloApps offers integrated services:

• AloShop: A digital e-commerce platform for seamless shopping experiences.
• AloVroom: A technology platform connecting users with transportation and logistics providers.
• AloPay: an aggregated payment platform solution.

This Agreement describes the Terms and Conditions applicable to your use of the services available on the Own Your Own Afrique Limited (OYO Afrique) Website www.oyoafrique.com, Mobile Apps www.aloappafrica.com and other of its Platforms.

Once you accept the Terms and Conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we reserve the right to modify these Terms and Conditions or any other policies relating to the Website, Mobile Apps and Platforms by posting the modified Agreement with its new Terms and Conditions on our Website, Mobile Apps and Platforms. All modified Terms and Conditions shall take effect immediately after posting to the OYO Afrique Limited’s Website, Mobile Apps and Platforms and any person who continues to use the services shall be bound by the revised Terms and Conditions as of the effective date.

Our collection and use of personal information in connection with the services is as provided in OYO Afrique Limited’s Privacy Policy located on the Website, Mobile Apps and Platforms. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our Website, Mobile Apps and Platforms at anytime and without notice and without any liability or responsibility to you.

Definitions and Interpretations

• Goods/Products: means all goods, products, cargo or shipments including containers, pallets and other packaging and includes perishables handed over to the Transporter/Driver/Rider for delivery.
• Transporter/Driver/Rider: shall refer to the Driver/Rider of the vehicle or a transport/haulage company registered on the OYO Afrique’s Website, Mobile Apps and Platforms and offering transportation, ride-hailing or delivery services.
• Shipper/Vendor: shall refer to any person or company selling goods, products, freight, load, on the OYO Afrique’s Website, Mobile Apps and Platforms.
• Customer/Buyer/Freight Recipient: means any person or company to whom the goods are delivered or a service is rendered using the delivery/transportation or iride-hailing services available on the OYO Afrique’s Website, Mobile Apps and Platforms.
• Transport/delivery/ride-hailing/shipping: means the physical carriage of goods and persons by road
• Services:means the use of our Website, Mobile Apps and Platforms to arrange or schedule goods/transportation or ride-hailing services
• Third party contractor :means any person that in not a party to this Agreement
• Groupage:means a group of goods from different Shippers/Vendors that are consolidated and sent to various Customer/Buyer/Freight Recipients in a single delivery/truck with a common route/destination.

2. OUR SERVICES

OYO Afrique Limited provides a technology platform, through its Website, Mobile Apps and Platforms where Buyers/Vendors/Customers and Transporters/Drivers/Riders can meet and enter into agreements to buy or sell goods or provide transportation services

OYO Afrique Limited does not sell, buy goods or services it is not a transportation/delivery/ride-hailing company and the goods or services provided through its Website, Mobile Apps and Platforms are provided by independent third-party not employed by OYO Afrique Limited. As a result, OYO Afrique Limited has no control over the quality, safety, or legal aspects of the transactions that take place on its Website, Mobile Apps and Platforms. OYO Afrique Limited does not prequalify or validate the claims of Vendors/Transporters/Drivers/Riders including with respect to their products, vehicle, driver, license, insurance and registration. OYO Afrique Limited solely acts as a digital platform where two parties may agree on a price for a particular type of good or service.

OYO Afrique Limited is a neutral venue for this connection between you and other members. We do not provide any endorsement for you or your goods/services, you acknowledge and agree that we do not provide the goods/services and we are not in any way responsible for assisting you in any manner with your provision of the goods/services. We cannot and will not guarantee the ability of members to complete payment for any of the provided goods/services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided goods/services.

You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the goods/services are not provided by us therefore we have no control over the accuracy of listings. We are not involved in the actual transaction between Vendors/Buyers and Transporters/Drivers/Riders, the ability of Transporters/Drivers/Riders to transport items or people, or the ability of Vendors to send items. We cannot ensure that a Buyer/Vendor/Customer or Transporter/Driver/Rider will actually complete a shipment.

Third Party Providers

You acknowledge that OYO Afrique Limited provides technology platforms services including selling of goods, transportation, delivery, ride-haling or logistics services and functions as an technology platform of such services and you acknowledge that the selling of goods, transportation, delivery, ride-hailing or logistics services are provided by independent third-party contractors who are not employed by OYO Afrique Limited or any of its affiliates. OYO Afrique Limited maintains records of the independent third contractors for verification of identity, business activities and contact. You therefore acknowledge that you are bound by both, the services Terms and Conditions and the performance standards of the third-party contractors for the provision of such services.

Restrictions

You may not:

• remove any copyright, trademark or other proprietary notices from any portion of the Services;
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by OYO Afrique Limited;
• decompile, reverse engineer or disassemble the services except as may be permitted by applicable law;
• link to, mirror or frame any portion of the services;
• cause or launch any programmes or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; or
• attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks.

Ownership

The services and all rights therein are and shall remain OYO Afrique Limited’s property. Neither these Terms nor your use of the services convey or grant you any rights to: i) the services except for the limited access and use granted above and ii) use or refer to in any manner to OYO Afrique Limited’s company name, logos, products, services and names, trademarks and services marks.

Other Terms and Conditions

You acknowledge and agree that we have the sole discretion to set forth and post additional Terms and Conditions for your use of the Website, Mobile Apps, and Platforms at various places throughout the Website, Mobile Apps and Platforms. You agree that those additional Terms and Conditions shall be considered an effective amendment to this Agreement and said Terms and Conditions shall be incorporated herein. Furthermore, you expressly agree that if there is any conflict between those additional Terms and Conditions and the specific Terms and Conditions set forth herein, the Terms and Conditions set forth herein shall govern.

3. USE OF OUR SERVICES

General User Obligations

You agree that the Website, Mobile Apps and Platforms are for selling legal goods and services only and that activities you provide and perform will only involve selling legal goods or services. You agree that you will not use your participation on the OYO Afrique Website, Mobile Apps and Platforms as a means to do anything else unless specifically allowed by OYO Afrique Limited. You will not, in your use of the services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the services, and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity.

Information You Submit

You are solely responsible for any information you provide to us or other users during the registration, sale, shipping, delivery or transportation process. Your personal information and any products, delivery timeline, shipment or trip must be true, legal, accurate, and non-fraudulent.

You may not provide contact information to other members for the purpose of bypassing OYO Afrique Limited’s transaction and commission fees. Information may not contain any viruses or other malware that may damage or interfere with our Website, Mobile Apps and Platforms.

You authorise OYO Afrique Limited to use the information you supply in connection with our services and in accordance with this Agreement.

Our Website, Mobile Apps and Platforms act as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication or information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the Website, Mobile Apps and Platforms that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that our Website, Mobile Apps and Platforms act as a passive conduit for any of your online communication or distribution of content or information.

You further represent and warrant that you are the owner, with all appurtenant rights thereto, of any and all products, communication, content and/or information that you post on the Website, Mobile Apps and Platforms.

Any and all of your online products, communication, content and/ information:

• Will not violate any domestic or international law, regulation, rule, or statute;
• Will not violate the terms of this Agreement;
• Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• Will not be libellous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about OYO Afrique Limited employees, agents, other members, or the services itself;
• Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, mobile application, operation of any of our systems and or create or impose a large burden or load on our website or mobile platforms;
• Will not scan or test the vulnerability or security of our website, mobile platforms or the system within which it operates;
• Will not be used for commercial or public purposes outside of the requirements of this Agreement;
• Will not create liability for OYO Afrique Limited and its affiliates in any manner whatsoever;
• Will not frame or link to our website without our written permission; and
• Will not involve the upload, or insertion of, any programming language or code into or onto our website or mobile platforms.

You agree to use common sense and good judgment when conducting or posting any online products, communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online products, communication or distribution of information.

User Eligibility

You acknowledge that you are at least 18 years of age. If you are registering as a vendor, customer or business entity, the use of the Website, Mobile Apps and Platforms is interpreted to mean that you have the full contractual capacity, right and authority to enter into these agreements and can therefore form legally binding contracts under the applicable law of Ghana.

Creation of Account

In order to use the services, you must register, maintain and update an active personal user services account (“My Profile”). In order to create an account, you will be required to submit certain personal information to OYO Afrique, such as but not limited to your name, email address, mobile phone number and location, as well as at least one valid payment method (either card or digital wallet). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by OYO Afrique Limited in writing, all users may only possess one Account on any of our platforms.

User Requirements and Conduct

OYO Afrique Limited grants you a limited, non-exclusive and non-transferrable access and use to:

• its Website, Mobile Apps and Platforms on your personal device solely in connection with your use of the services;
• the content, information and related materials made available through the services, in each case solely for your personal and;
• to the Website, Mobile Apps and Platforms on employer’s or employee’s devices solely in connection with the use of the services and in compliance with the Terms and Conditions of OYO Afrique Limited.

Your OYO Afrique Limited account may not be transferred, assigned nor sold to another party under the same identity.

By using the website and mobile platforms, you will be bound by all the laws regulating the use of online websites and applications within the Republic of Ghana.

Push Notifications and Text Messaging

By creating an Account, you agree that the services may send you informational notifications (push, SMS text messages or email) as part of the normal business operation of your use of the services. You acknowledge that opting out of receiving notifications may impact your use of the services.

Transporters/Delivery and Ride-hailing Services Obligations

As Transporters/Drivers/Riders your obligations include:

• being legally able to transport shipments/goods/people;
• having all valid license and documentation to operate the vehicle you intend to use;
• obtaining all necessary permissions and documentations from regulatory authorities, traffic authorities and any other regulatory body; for both local or international transit transportation.

You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state licensing requirements. You must describe your offer and all its terms. You acknowledge that the OYO Afrique Website, Mobile Apps and Platforms exist for members to make a fully informed decision about services offering, policies and procedures. Therefore, you shall disclose to every member your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges.

Your offer may only include content relevant to the description of your delivery/ride-hailing or transportation services. If the Vendor/Shipper/Customer accepts your offer, you are obligated to perform the services offered and at the agreed price.

Transporters/Drivers/Riders are responsible for obtaining and guaranteeing the data network access necessary to the use of the services including the GPS location of their drivers/riders at all times.

In the event, that you charge "extra fees" than captured on our platforms (and we are made aware of this fact), OYO Afrique Limited reserves the right to suspend or cancel your Account at our sole discretion.

Shippers/Vendors Obligations

As a Vendor/Shipper/Customer/Buyer, you are obligated to complete the transaction with the Transporters/Drivers/Riders's if you accept the Transporters/Drivers/Riders’s price, unless the transaction is prohibited by law or by this Agreement. By accepting a Transporters/Drivers/Riders's offer, you agree to be bound by the conditions of the offer included so long as those delivery/ride-hailing or transportation services details are not in violation of this Agreement or unlawful.

Acceptance generally is not retractable unless

• the Transporters/Drivers/Riders’s materially changes the offer details after your acceptance;
• a typographical error is made or;
• you cannot authenticate the Transporters/Drivers/Riders’s identity or credentials. The Transporters/Drivers/Riders’s reserves the right to inspect your goods/shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. OYO Afrique Limited does not screen or qualify Transporters/Drivers/Riders’s for compliance with federal, state or local laws and regulations.

It is recommended that you confirm such compliance directly with the Transporters/Drivers/Riders’s before the Transporters/Drivers/Riders’s renders any services.

Goods Recipient Obligations

At delivery, the Recipient of the goods, buyer/customer, shall check the condition of the goods, the quantity, the number and weight of packages and shall immediately report any apparent defects and missing items to the Shipper/Vendor. Otherwise, the conditions of the goods shall be deemed as delivered in the acceptable condition.

Prohibited and Restricted Items

Groupage

Buyer/Vendor/Customer may or may not consent to transport goods in a groupage system, albeit jointly with the goods of other Buyer/Vendor/Customer.

If Buyer/Vendor/Customer do not agree to the groupage, the entire delivery/transportation service will be allocated to the transport of their goods only, full delivery/transport charges will apply and Transporters/Drivers/Riders can be much more specific about pickup and delivery times.

If Buyer/Vendor/Customer agrees to the groupage, the Transporters/Drivers/Riders may use the itineraries and means that best fit the interests of the various deliveries. The charges applicable will then be revised according to the amount of space occupied by the goods during the delivery/transportation and may be calculated accordingly. With groupage, Transporters/Drivers/Riders usually have to make an initial run to load the various Buyer/Vendor/Customer’s goods. Then, at the destination, other routes are added for delivering the goods to each Recipient. Therefore, users acknowledge that Transporters/Drivers/Riders that make groupage shipments work with approximate time frames about pickup and delivery times and consent that it may sometime incur delays. During groupage, some goods cannot be loaded with certain other goods in the same truck as it may result in the deterioration of quality of either goods or both. Transporters/Drivers/Riders should therefore be informed by the Vendor/Customer within the comment section on the Website Mobile Apps and Platforms or upon pick up that goods are non suitable for groupage. Transporters/Drivers/Riders are usually cautious when grouping the different types of goods so that the goods do not move around in the delivery/transport causing damage.

Transporters/Drivers/Riders shall provide Buyer/Vendor/Customer with an estimated pickup and estimated delivery time and date. However, delays may occur prior, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are no guarantees regarding pick up and delivery times and dates. OYO Afrique shall not be held responsible for loss for damages occasioned by delays of any kind or for any reason. OYO Afrique shall note be held liable for the failure of mechanical or operating parts of Transporters/Drivers/Riders’s vehicle.

Insurance

Vendors/Transporters/Drivers/Riders’s may or may not contract an insurance to cover the risk of possible losses/damages of goods during the transportation of goods. The Vendors/Transporters/Drivers/Riders’s shall take all reasonable precautions during the packaging of goods for the safety of the goods being transported.

Rating and Feedbacks

After you have received services obtained through the OYO Afrique Limited’s Website, Mobile Apps or Platforms, you will have the opportunity to rate your experience and leave additional feedback about the services, vendors, transporters, drivers or riders. Any content provided by you remains your property and your views. However, you agree not to provide content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as per OYO Afrique Limited’s Terms and Conditions.

Manipulating Ratings and Feedback

You acknowledge and agree that the OYO Afrique Limited’s Website, Mobile Apps or Platforms are a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) and for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:

• Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
• Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
• Post or attempt to post, in any manner or by any means, a feedback review on your own account;
• Ask Buyers/Customers to pay off-site through another form of payment when they have already paid through OYO Afrique Limited.

In case, of breach, OYO Afrique may, in OYO Afrique Limited’s sole discretion, suspend your account without further notice to or consent from you.

However, you shall post and/or cut and paste and/or copy the content of a member feedback review from the OYO Afrique Limited Website or Mobile Apps, and Platforms to your own personal or business website, to any other third-party web site and/or on any of your own personal, business or third-party marketing/advertising materials regardless of the form.

Off-Site Communications

OYO Afrique Limited prohibits off-site communications intended to circumvent OYO Afrique Limited’s commissions and will be considered as a potential fraud risk from both Buyer/Vendor/Customer and Transporters/Drivers/Riders’s. Some examples of off-site offers include:

1. Entering personal contact information, such as website addresses, phone numbers or email addresses, in OYO Afrique's comment system, profile section, username, discussion, products listing, delivery or transportation services description;
2. Using personal contact information, such as website addresses, phone numbers, or email addresses, obtained through OYO Afrique Limited’s Website, Mobile Apps and Platforms.

OYO Afrique Limited reserves the right to edit, amend, or delete any personal contact information that members submit on its Website, Mobile Apps and Platforms. OYO Afrique Limited reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.

Promotions

OYO Afrique Limited may, in OYO Afrique’s sole discretion, create promotions or promotional codes that may be redeemed for Account credit, or other features or benefits related to the services and/or a Third-Party Provider’s services, subject to any additional terms that OYO Afrique Limited establishes on a per promotional code basis. You agree that promotions and promotional codes:

• must be used for the intended audience and purpose, and in a lawful manner;
• 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 OYO Afrique Limited;
• may be disabled by OYO Afrique Limited at any time for any reason without liability to OYO Afrique Limited;
• may only be used pursuant to the specific terms that OYO Afrique establishes for such promotion;
• may or may not be valid for cash; and
• may expire prior to your use.

In the event that OYO Afrique Limited determines or believes that the use or redemption of the promotion or promotion code was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms, OYO Afrique Limited reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotion by you or any other user.

Fraud

OYO Afrique may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection with our Website, Mobile Apps and Platforms. Members may not manipulate the ad prices for any shipment or interfere with other members' products listings, transportation services or transactions.

4. CHARGES TERMS, CANCELLATION TERMS AND REFUND POLICY

Access to Service Free of charge

The access to our Website and Mobile Apps and Platforms are free of charge for all starter kits. There is however upgrades options available depending on the services selected.

Charges as a Vendor

As a Vendor, you understand and agree that:

1. setting up a shop and selling on OYO Afrique’s Website, Mobile Apps and Platforms is free of charge, however the access to upgrades/higher packages are subjected to payment of a fee;
2. the entry of product information details, delivery options and prices are determined by you;
3. all and every single products sold on OYO Afrique’s Website, Mobile Apps and Platforms are subjected to a 5% price increase collected by OYO Afrique as commissions (service charge and transactions);
4. price of products sold on OYO Afrique’s Website, Mobile Apps and Platforms will therefore include and reflect the commission;
5. maintaining and updating products information details, delivery options and prices availability are key in ensuring smooth and efficient transactions on the OYO Afrique’s Website, Mobile Apps and Platforms.

Charges as a Delivery company /Ride-hailing company and Transporter company

1. setting up an account and offering delivery/ride-hailing/transportation services on OYO Afrique’s Website, Mobile Apps and Platforms is free of charge however the access to upgrades/higher packages are subjected to payment of a monthly subscription fee;
2. the entry of driver/rider/vehicle details, delivery options and prices of your services are determined by you;
3. all and every single delivery/ride/transportation obtained through OYO Afrique’s Website, Mobile Apps and Platforms are free of any commissions;
4. maintaining and updating driver/rider/vehicle availability, information details, delivery options and prices are key in ensuring smooth and efficient deliveries on the OYO Afrique’s Website, Mobile Apps and Platforms.

Charges as Individual Drivers

As an individual Driver/Rider and Transporter, you understand and agree that:

• setting up an account and offering delivery/ride-hailing/transportation services on OYO Afrique’s Website, Mobile Apps and Platforms is free of charge;
• the delivery options and prices of your services are determined by OYO Afrique;
• all and every single delivery/ride/transportation obtained through OYO Afrique’s Website, Mobile Apps and Platforms are subjected to a 15% commission collected by OYO Afrique (service charge and transactions);
• maintaining and updating driver/rider/vehicle availability, information details, delivery options and prices are key in ensuring smooth and efficient deliveries on the OYO Afrique’s Website, Mobile Apps and Platforms.

Charges as a Customer

As a Buyer/Customer, you understand and agree that:

• • the purchase of goods or services through OYO Afrique Limited’s Website, Mobile Apps and Platforms will result in charges to you;
• • quotes for delivery/transportation of goods are quoted independently from the quote of purchase of goods;
• • the entry of product information details and prices are determined by the vendor;
• • the entry of delivery/transportation prices is based on location, size and type of delivery service selected by you;
• • the number of days vary in case of cross/regional or cross-border goods or services amongst others.

All payment made on the Website, Mobile Apps and Platforms are handled by our payment aggregator solution “AloPay” which relies on third–party payment processing gateways including Paystack, Tingg and Pawapay among others.

OYO Afrique will facilitate the payment collection on behalf of the Vendors/Transporters/Drivers/Riders and as such act as a Vendor/Transporter/Driver/Rider limited payment collection agent, to which the Vendors/Transporters/Drivers/Riders have consented to when using our Website, Mobile Apps and Platforms. Payment collection of the charges in such manner shall be considered the same as payment made directly by the Buyer/Customer to the Vendors/Transporters/Drivers/Riders.

All charges related to the transaction of goods or services including OYO Afrique Limited’s commission are to be paid by the Buyer/Customer before collection of the goods and upon delivery/reaching destination when it comes to a delivery or transportation of goods or people.

Charges will be inclusive of applicable commissions, taxes and transit charges where required by law. Charges paid by the Buyer/Customer are final and non-refundable, unless otherwise determined by OYO Afrique Limited.

The details you are asked to submit in order to make or receive a payment in connection to the service provided/received using our website or mobile platforms, will be provided directly to our third-party payment provider via a secured connection.

Multiple service booking may result in multiple postings to the digital wallet.

The digital wallet holder must retain a copy of transaction records and Merchant policies and rules.

OYO Afrique Limited is not responsible for the tabulation or remittance of any Value Added Tax or any other taxes payable for the use of the service. Any commission chargeable by OYO Afrique Limited for the use of its Website, Mobile Apps and Platforms is exclusive of all taxes and levies and the same is due immediately upon use of our services and is non-refundable.

Payments of Vendors, Transporters, Drivers and Riders

As Vendors, Transporters, Drivers, Riders you understand agree that;

1. • payment collected by OYO Afrique Limited, on your behalf will be paid deducting OYO Afrique’s commission, this after full payment has been received from the Buyer/Customer;
2. • payment to the Vendors will be done upon collection of goods;
3. • payment Transporters/Drivers/Riders will be done upon delivery of goods/completion of rides;
4. • charges applicable in certain geographical areas and/or during certain specific days; may increase substantially during times of high demand;
5. • you shall not collect payment on behalf of OYO Afrique Limited and shall ensure all payments by Customers/buyers are made through the OYO Afrique Website, Mobile Apps and Platforms;
6. • you hereby acknowledge that OYO Afrique Limited shall not be liable in any way in the unfortunate event that a Buyer/Customer refuses to make payment after you make a successful delivery/transportation outside its Website, Mobile Apps and Platforms;
7. • OYO Afrique shall be entitled to take any legal steps for recovery of the debt as may be necessary;
8. • OYO Afrique Limited reserves the right to establish or revise its own commission charges at any time in OYO Afrique’s sole discretion.

Currency

Unless otherwise stated, all charges are based in the currency of the country in which the account has been registered, in Ghana Cedis (GHS) and in West African CFA Franc (CFA). For services placed in a different currency, the system automatically uses the local currency provided by the provider of the payment platform.

You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your OYO Afrique One Time Password or password or any sensitive account information to any third parties.

OYO Afrique is not responsible for any monetary disputes that reside between a Transporter/Driver/Rider/Vendor or Buyer/Customer; it is the responsibility of both the Transporter/Driver/Rider/Vendor and Buyer/Customer to resolve all monetary disputes, damage claims, breach of contract claims, etc. outside of OYO Afrique Limited.

Cancellation Terms

A Buyer/Customer may elect to cancel the purchase of goods or request for services from a Vendor/Transporter/Driver/Rider at any time prior to the dispatching of the product or vehicle setting off to pickup location, without any cancellation charges.

Refund policy

100 % refunds will be applied if the order of goods or services cannot be fulfilled. Refund shall be done only through the Original Mode of Payment and in the Original Currency within maximum 2 days of OYO Afrique receiving the cancellation notification. OYO Afrique Limited will in turn notify the payment platform provider, which will process the refund according to its Terms and Conditions. Exchange rate differences between the currencies used (if applicable) shall be borne by the Buyer/Customer.

Taxes

Vendors, Customers, Transporters, Drivers, Riders and Buyer of Goods/Services are responsible for collecting and remitting any and all taxes associated with the transactions or use of our Website, Mobile Apps and Platforms.

We try to keep OYO Afrique Limited and its Website, Mobile Apps and Platforms, Services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold OYO Afrique Limited responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

1. • Your use of or your inability to use our website, mobile apps and platforms, services and tools;
2. • Delays or disruptions in our website, mobile platforms, services, or tools;
3. • Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;
4. • Glitches, bugs, errors, or inaccuracies of any kind in our website, mobile platforms, services, and tools or in the information and graphics obtained from them;
5. • The content, actions, or inactions of third parties, including items listed using our website, mobile platform, services, or tools or the destruction of allegedly fake items;
6. • A suspension or other action taken with respect to your account;
7. • Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

OYO Afrique Limited is not under any obligation to:

1. • Put in place measures to control any malicious software or viruses and will not be liable for any damage to users’ hardware or software devices that may be caused by such. Users are advised to install the requisite tools to protect their devices from such potential harm.
2. Prevent any kind of loss that may be occasioned by network failures, limitations, delays or disconnections that may cause services to be suspended, cancelled or blocked before, during or after provision of services.
3. Except as may be expressly provided in this agreement, the company will not be liable to users for any claims arising as a consequence of using the Website, Mobile Apps or Platforms, including but not limited to personal injury, loss of data, revenue or profits.
4. OYO Afrique Limited is also under no obligation to guide users on proper usage of the application or devices and will not be held liable for any loss occasioned as a result of improper use of the website or mobile platforms.
5. Verify the suitability, legality or ability of Transporter’s service providers and by using our website and mobile platforms you expressly waive and release the company from any and all liability, claims or damages arising from or related to disputes involving the transport service providers or any other third parties. Any risk or loss incurred as a result of such interaction with the third parties shall not be the liability of the company to any degree whatsoever.

Indemnity

OYO Afrique Limited shall not be held responsible against any claims, costs, losses, legal fees or liabilities whatsoever that may arise out of or in connection to violation of any terms of this agreement or any governing laws, use of the Website, Mobile Apps or Platforms otherwise other than as provided by this agreement, breach of any third-party rights including providers of transportation services arranged thought the website and mobile platforms.

No Agency

You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the OYO Afrique Limited Website, Mobile Apps and Platforms, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with OYO Afrique Limited and furthermore that no affiliation, association or connection exists between you and OYO Afrique Limited.

Indentity Verification

OYO Afrique Limited uses techniques (review of vendors, riders, drivers, transporters documents, on-site visits as and when possible) to help verify the identity of vendors, riders, drivers, and transporters during the registration process on our Website, Mobile Apps and Platforms; however, OYO Afrique Limited cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.

6. OTHER PROVISIONS

Confidentiality/Non-Disclosure

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

Record Keeping/Audit

We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes

Non-solicitation

During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.

No Felony Convictions

You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings; criminal, civil or administrative, instituted against you that will prevent you from performing the services.

Unsolicited Idea Submission

We always want to receive messages and feedback from OYO Afrique Limited’s members and welcome any comments regarding our platform. However, OYO Afrique Limited’s policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by OYO Afrique Limited might be similar or even identical to your idea. If you do send OYO Afrique Limited an unsolicited suggestion, idea, or proposal, or if you send, at the request of OYO Afrique Limited, a comment or suggestion to improve the website or mobile platforms (for example, through Discussion Boards or via email) (collectively, the "Submission"), OYO Afrique will consider the Submission to be non-confidential and non-proprietary. OYO Afrique Limited shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. OYO Afrique Limited shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

Protection of Intellectual Property Content

The OYO Afrique Limited Website, Mobile Apps and Platforms contain copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third-party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website and mobile application including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website and mobile application does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.

7. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

Ghana is our country of domicile. The laws of the Republic of Ghana shall govern any dispute to these terms and conditions as the use of this application. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your product listing, delivery, ride-hailing, and solicitation of offers of goods and services. Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

Dispute Resolution

Disputes between you and OYO Afrique Limited regarding our services should be reported to info@oyoafrique.com. Any dispute or claim arising out of or in connection with this Website, Mobile Apps and Platforms shall be governed and construed in accordance with the laws of Ghana. We will use our best effort to attempt resolutions to any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to OYO Afrique Limited, we will use our best effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the goods/services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, you expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third-party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.