1. INTRODUCTION

These terms and conditions of use and Service (“Terms”) contained herein on this webpage is a legal agreement between you (“you”, “User”) and Scrader Technology Limited doing business as Sendstack (“Sendstack” “we”, “our” or “us”). These Terms shall govern your access to and use of our Service which include the use of our platforms, web http:www.sendstack.africa and mobile app (“Platform”). Note that these Terms apply to you whether you are only visiting the website or have registered to be a user of the Services.

These Terms apply in full force and effect to your use of the Service and by using any of the Service, you expressly accept all terms and conditions contained herein in full and without limitation or qualification. We oblige you therefore to thoroughly read these Terms carefully before agreeing to be bound by them. You must not use any of the Service if you have any objection to any of these Terms.

2. ELIGIBILITY

By signing on to use our Services, you are warranting that you are not a person barred from receiving Services under the laws of the applicable jurisdiction. You also undertake and agree to provide us with information that is accurate, and not to misrepresent your identity or your user information. You are only entitled to access and use the Services for lawful purposes.

3. AGE RESTRICTION

Our Services are directed to people from the ages of 18 and above. You are only permitted to use the Services if you are aged 18 or older. We do not knowingly engage people younger than the age of 18. If as a parent or guardian, you become aware that your child or ward child has provided us with any information without your consent, please contact us through the details provided in these Terms.

4. PROVISION OF SERVICES

5. LICENSE TO USE OUR PLATFORMS

We grant you a non-assignable, non-exclusive and revocable license to use our Web App, Mobile App and any of our platform in the manner permitted by these Terms. This license grant includes all updates, upgrades, new versions and replacement platforms for you to use in connection with our Services. The Services are protected by copyright, trademark, and other laws of both Nigeria and foreign countries. For emphasis, nothing in these Terms give you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. All right, title and interest in and to the Services are and will remain our and/or licensors’ exclusive property. You also agree not to alter, re- design, reproduce, adapt, display, distribute, translate, disassemble, reverse engineer, or otherwise attempt to create any source code that is derived from our Platform.

6. PAYMENT TERMS

With exception to our Business-to-Business (B2B) customers, the total cost of every delivery request as may be displayed to you on the Platform must be paid before the request will be assigned to a driver. If the delivery fee has not been paid before the delivery date, the request may be automatically cancelled.

With respect to our B2B customers, we may reach an agreement to send invoices post- delivery and the invoice shall contain the terms of payment.

You agree that we may use certain third-party vendors and Service providers, including payment gateways, to process the payments made by you on the Platform.

7. PERSONAL SECURITY

In order to use the Platform and avail our Service, you will have to register on the Platform and create an Account with a unique user identity and password ("Account"). If you are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration.

You also agree to maintain the security of your details and account and promptly notify us if you discover or suspect that someone has accessed your account without your authorisation. Your username and password are personal to you and may not be shared with any third parties. You are responsible for all activities that occur regarding your details or otherwise under your account.

8. LOCATION

You acknowledge and agree that your geo-location information is required for you to avail of our Service on the Platform. You acknowledge and hereby consent to the monitoring and tracking of your geolocation information. In addition, we may share your geo-location information on our internal software with delivery drivers and our operations team to update delivery statuses, manage the routes, and ensure a smooth experience.

9. INTELLECTUAL PROPERTY

Unless otherwise stated, we own the intellectual property rights and materials on our Platforms. All text, formatting (including without limitation the arrangement of materials on our website and app and the graphics, animation, tools, commercials, music, video, articles, sound, copy, trade names, logos, and other materials and information on the website and app are subject to our intellectual property rights. We do not grant you any right, license, title, or interest to any of our intellectual property rights that you may or may not have access to.

This content may not be copied, reverse engineered, decompiled, disassembled, modified or reposted to other Platforms. Nothing on our Platform should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on our website or Platforms without our written permission or that of such third party that may own the trademark. You agree to take such actions including executing all documents that may be needed to further affirm our intellectual property rights.

10. WARRANTY DISCLAIMER

WE TRY TO KEEP OUR WEBSITE AND SERVICES AVAILABLE AT ALL TIMES, BUG- FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. WE PROVIDE THE WEBSITE AND THE CONTENT “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE, PLATFORM, MOBILE APP, PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE OR MOBILE APP WILL BE 100% FRAUD OR FAIL PROOF, REMAIN FREE FROM ANY INTERRUPTION, BUGS, INNACCURACIES, AND ERROR FREE. YOUR USE OF OUR SERVICES ARE AT YOUR OWN RISK AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS IN THE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM OUR WEBSITE, PLATFORM OR OUR SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED. WE WARRANT THAT WE SHALL USE OUR BEST ENDEAVOURS TO ENSURE THAT THE SERVICE OPERATES OPTIMALLY AT ALL TIMES IN ACCORDANCE WITH BEST INDUSTRY STANDARD.

11. LIMITATION AND LIABILITY

UNDER NO CIRCUMSTANCE SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES RESULTING FROM REVENUE LOSS, PROFIT LOSS, USE, DATA, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER INTANGIBLE LOSSES (WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH) ARISING OUT OF OUR PLATFORM OR SERVICE (INCLUDING, WITHOUT LIMITATION TO INABILITY TO USE, OR ARISING FROM THE RESULT OF USE OF OUR PLATFORM OR SERVICE) WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, TORT, CONTRACT, STATUTE OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON THE SCOPE AND DURATION OF SUCH WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU IN THEIR ENTIRETY BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. NO LIABILITY FOR LOSS OR DAMAGE TO GOODS

Sendstack, its partners, affiliates, agents, etc. would not provide nor are they obligated to check the wrapping and or packing conditions of the parcel to be sent by you via our Platforms. Parcels are picked up and delivered “as-is”. It is your responsibility to ensure that goods are packaged correctly prior to shipment by the delivery driver. All parcels to be sent by you via our Platform shall be packed in a manner able to prevent spills, breaks, cracks and/or damage in any form to your parcel or a third-party’s parcel in the box during the delivery of the item(s). Sendstack, its partners, affiliates, agents, etc. shall not be liable for damage, loss due to improperly packed or perishable goods requiring cold storage which are not properly stored.

13. INDEMNIFICATION

You hereby indemnify us and undertake to keep us, our staff and affiliates indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation to reasonable legal fees and expenses) arising out of any breach by you of any provision of these Terms of Use or arising out of any claim that you have breached any provision of these Terms of Use. You hereby undertake to indemnify and hold us harmless from and against any claim, suit or proceeding brought against us arising from or in connection with violations of Intellectual Property or other rights of third parties in relation to your use of the Service.

14. FORCE MAJEURE

Under no circumstances shall we be held liable for any delay or failure or disruption of the Service delivered through our Platforms resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non- performance of third parties.

15. BREACHES OF THESE TERMS AND NOTICES

Without prejudice to other rights accruable to us under these Terms, any breach of these Terms will warrant our institution of such measures that we deem appropriate to deal with the breach, which may include but shall not be limited to suspending or prohibiting your access to and/or use of our Platforms, blocking computers using your IP address from accessing our Platforms, contacting your internet Service provider to request that they block your access to our Platforms and/or bringing court proceedings against you.

16. UPDATES, MODIFICATIONS AND AMENDMENTS

We reserve the sole right to update, modify, change or revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will always be on this page and will continue to govern our relationship with you. We advise that you check this page often, referring to the date of the last modification on the page. We will also try to notify you of any material changes which could be done via the email associated with your Account or Service notification. By continuing to use our Service after the changes become effective, you agree to be bound by the revised Terms.

17. NOTICES GOVERNING LAW AND DISPUTE RESOLUTION

All legal notices or demands to or upon us shall be made in writing and sent to us personally, by courier, certified mail, to our registered address on our website and our contact e-mail in the “Get in Touch” clause below. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, or email to the last-known correspondence, fax or email address provided by the User. You agree that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be interpreted and governed by the laws currently in force in Nigeria. We shall try to settle all disputes amicably. Any dispute arising out of these Terms which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to the exclusive jurisdiction of a Court of competent jurisdiction in Nigeria.

19. GET IN TOUCH

If you have any complaints, feedback, and/or questions about us, our Service and/or these Terms, you may contact us at info@sendstack.africa

20. EFFECTIVE DATE

This Terms of Use and Service is effective this 1st day of January 2022.