Terms of Service

Last Updated: February 13, 2025

Welcome to OkadaExpress. These Terms of Service ("Terms") govern your access to and use of our logistics marketplace platform, including our website, mobile applications, and services (collectively, the "Platform").

1. Definitions

For purposes of these Terms:

• "OkadaExpress", "we", "us", or "our" refers to the OkadaExpress platform and company.
• "Customer" refers to individuals or businesses who request delivery services.
• "Rider" refers to independent contractors who provide delivery services through the Platform.
• "Merchant" refers to businesses that use our Platform to fulfill customer orders.
• "User" refers to any person using the Platform, including Customers, Riders, and Merchants.
• "Services" refers to the technology platform connecting Users for delivery services.

2. Acceptance of Terms

By creating an account, accessing, or using OkadaExpress, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. You also represent that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction
• You have the legal capacity to enter into binding contracts
• All information you provide is accurate and complete
• You will comply with all applicable laws and regulations

3. Platform Services

3.1 Nature of Services

OkadaExpress provides a technology platform that connects Customers with Riders for delivery services. We are a marketplace facilitator and not a courier or delivery service provider. We do not employ Riders; they are independent contractors.

3.2 Service Availability

Services are available in select cities across Nigeria. We reserve the right to expand, limit, or modify service areas at any time without prior notice.

3.3 No Guarantee

While we strive for excellence, we do not guarantee:

• Availability of Riders at all times
• Specific delivery times (except where explicitly guaranteed)
• Uninterrupted or error-free Platform operation
• Complete accuracy of GPS tracking or route information

4. User Accounts

4.1 Account Registration

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Verification

We may require identity verification, including government-issued ID, phone number verification via OTP, and document submission for Riders and Merchants.

4.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Provide false or misleading information
• Engage in fraudulent activity
• Abuse the Platform or other Users
• Fail to pay fees or charges

5. Customer Terms

5.1 Booking Deliveries

When booking a delivery, Customers must:

• Provide accurate pickup and delivery addresses
• Accurately describe package contents, weight, and dimensions
• Ensure packages are properly secured and packaged
• Not send prohibited items (see Section 5.3)
• Be available or designate a representative for pickup/delivery

5.2 Payment

Customers agree to pay all applicable fees, including:

• Base delivery fare
• Distance charges beyond included kilometers
• Weight charges for heavy packages
• Express delivery surcharges (if selected)
• Any applicable taxes

5.3 Prohibited Items

The following items may not be sent through OkadaExpress:

• Illegal substances or contraband
• Weapons, ammunition, or explosives
• Hazardous materials or chemicals
• Live animals (except where specifically permitted)
• Perishable goods without proper packaging
• Items exceeding weight or size limits
• Currency or negotiable instruments above specified limits

5.4 Delivery Attempts

If delivery cannot be completed due to Customer unavailability or incorrect address:

• Riders will attempt to contact the Customer
• One redelivery attempt may be made (additional fees apply)
• Packages may be returned to sender (return fees apply)
• OkadaExpress is not liable for failed deliveries due to Customer error

6. Rider Terms

6.1 Independent Contractor Status

Riders are independent contractors, not employees of OkadaExpress. Riders:

• Control their own work schedule and availability
• Are responsible for their own taxes and insurance
• Provide their own motorcycle and equipment
• Bear costs of fuel, maintenance, and repairs

6.2 Rider Requirements

To maintain active Rider status, you must:

• Be at least 21 years of age
• Possess a valid government-issued ID
• Own or have regular access to a functional motorcycle
• Maintain valid vehicle registration and insurance
• Pass background verification checks
• Maintain a smartphone with GPS and camera
• Follow all traffic laws and safety regulations

6.3 Earnings and Payments

Rider earnings are calculated as follows:

• Riders receive 80% of the delivery fare
• OkadaExpress retains 20% as a service fee
• Payments are processed weekly via direct bank transfer
• Bonuses and incentives are paid as specified in promotional terms
• Riders are responsible for all applicable taxes on earnings

6.4 Rider Conduct

Riders must:

• Accept or decline delivery requests within specified timeframes
• Complete accepted deliveries in a timely manner
• Handle packages with care and professionalism
• Communicate respectfully with Customers and Merchants
• Obtain proof of delivery as required
• Not tamper with or open packages
• Maintain a minimum acceptance rate and performance standards

6.5 Deactivation

Rider accounts may be deactivated for:

• Consistent low ratings or customer complaints
• Fraudulent activity or theft
• Violation of safety or conduct policies
• Providing false information during verification
• Extended periods of inactivity

7. Merchant Terms

7.1 Merchant Obligations

Merchants agree to:

• Provide accurate business information and documentation
• Ensure products are ready for pickup at scheduled times
• Package items appropriately for delivery
• Respond promptly to delivery-related communications
• Honor delivery commitments made to Customers

7.2 Commission and Fees

Merchants pay a 20% commission on completed deliveries, calculated on the delivery fee. Additional terms:

• No setup fees or monthly charges
• Weekly automated settlements every Monday
• Settlements via direct bank transfer
• Detailed invoices provided for each settlement period
• Volume discounts available for high-volume merchants

7.3 API and Integration

Merchants using our API agree to:

• Use API keys securely and not share them
• Comply with API usage limits and guidelines
• Not abuse or overload our systems
• Implement proper error handling
• Keep integration documentation confidential

8. Pricing and Payments

8.1 Pricing Structure

Delivery pricing is based on:

• Distance (base rate plus per-kilometer charges)
• Package weight and dimensions
• Delivery speed (standard or express)
• Time of day and demand (surge pricing may apply)

8.2 Payment Methods

We accept the following payment methods:

• Cash on delivery (COD)
• Bank transfer
• USSD payment
• Digital wallets

8.3 Refunds and Cancellations

Cancellation policies:

• Free cancellation before Rider assignment
• Partial fee (30%) if cancelled after assignment but before pickup
• Full fee charged if cancelled after pickup
• Refunds processed within 7-14 business days

9. Intellectual Property

9.1 Platform Content

All content on the Platform, including text, graphics, logos, images, software, and design, is owned by OkadaExpress and protected by intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. You may not:

• Copy, modify, or distribute Platform content
• Reverse engineer or decompile our software
• Use our trademarks without permission
• Create derivative works
• Frame or mirror any part of the Platform

10. Privacy and Data Protection

Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information. By using OkadaExpress, you consent to our data practices as described in the Privacy Policy.

11. Limitation of Liability

11.1 Service Disclaimer

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11.2 Liability Cap

To the maximum extent permitted by law, OkadaExpress's total liability for any claims arising from your use of the Platform shall not exceed the fees paid by you in the twelve (12) months preceding the claim.

11.3 Exclusions

We are not liable for:

• Loss or damage to packages (subject to declared value limits)
• Delays caused by traffic, weather, or circumstances beyond our control
• Actions or omissions of Riders (who are independent contractors)
• Indirect, consequential, or punitive damages
• Loss of business, profits, or data

12. Indemnification

You agree to indemnify and hold harmless OkadaExpress, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any law or third-party rights
• Your use of the Platform
• Your negligence or willful misconduct

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

13.2 Arbitration

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act of Nigeria.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Platform with an updated "Last Updated" date. Your continued use after changes constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy and any additional policies, constitute the entire agreement between you and OkadaExpress.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or government actions.

16. Contact Information

If you have questions about these Terms, please contact us:

• Email: legal@okadaexpress.ng
• Phone: +234 800 652 3239
• Address: 123 Lagos-Ibadan Expressway, Lagos, Nigeria