Terms and Conditions Agreement
Effective: November 18, 2024
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS
(“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND NOSUFER ERRAND
SERVICES LTD, A NIGERIAN CORPORATION (“COMPANY”).
SECTION 11 OF THIS AGREEMENT INCLUDES PROVISIONS THAT AFFECT HOW CLAIMS BETWEEN YOU AND THE
COMPANY ARE RESOLVED, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE
DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 11 OUTLINES THE ARBITRATION AGREEMENT, WHICH,
WITH LIMITED EXCEPTIONS, REQUIRES DISPUTES TO BE RESOLVED THROUGH BINDING AND FINAL
ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE ALLOWED
TO PURSUE CLAIMS AND SEEK RELIEF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR MEMBER IN ANY
CLASS OR REPRESENTATIVE ACTION; AND (2) YOU WAIVE THE RIGHT TO PURSUE CLAIMS IN COURT OR TO
HAVE A JURY TRIAL. THIS ARBITRATION AGREEMENT COULD IMPACT YOUR PARTICIPATION IN ONGOING OR
PROPOSED CLASS ACTION LITIGATION. PLEASE REVIEW SECTION 11 FOR FURTHER DETAILS ABOUT THIS
ARBITRATION AGREEMENT, ITS POTENTIAL EFFECTS, AND INSTRUCTIONS ON HOW TO OPT OUT.
By accessing or using the website located at https://www.nosufer.com/ (“Website”) in
any
way, downloading, installing or using the Company’s mobile application
(“Application”) or
any other software supplied by the Company (collectively, with the Application, the
“Software”), accessing or using any information, services, features or resources
available
or enabled via the Website or Software (each, a “Service” and collectively, the
“Services”),
clicking on a button or taking similar action to signify your affirmative acceptance of this
Agreement, you hereby represent that:
(1) you have read, understand, and agree to be bound by this Agreement and any future
amendments and additions to this Agreement as published from time to time at
https://www.nosufer.com/terms or through the Services;
(2) you are of legal age in the jurisdiction in which you reside to form a binding contract
with Company; and
(3) you have the authority to enter into the Agreement personally and, if applicable, on
behalf of any company, organization or other legal entity you have named as the user during
the AAI account registration process and to bind that company, organization or entity to the
Agreement. The terms “you” and “user” and “users” refer to all individuals and other persons
who access or use the Website, Software, and/or Services, including, without limitation, any
companies, organizations, or other legal entities that register accounts or otherwise access
or use the Services through their respective employees, agents, or representatives.
Except
as otherwise provided herein, if you do not agree to be bound by the Agreement, you may
not
access or use the Website, the Services, or the Software.
Subject to Section 11(h) of this Agreement, the Company reserves the right to modify the
terms and conditions of this Agreement or its policies relating to the Website, Software,
Application, or Services at any time, effective upon posting an updated version of this
Agreement on the Website or Software. You should regularly review this Agreement, as your
continued use of the Services after any such changes constitutes your agreement to such
changes.
The Vendor Resources available through our Services (“Vendor Resources”) operate
independently of the Company. The Company will not assess the suitability, legality, or
ability of any Vendor Resources. The Company is not responsible for the work ethic, quality
of service, or adherence to applicable laws or regulations of the Vendor Resources. The
Company does not verify or assume liability for the performance or actions of any
third-party Vendor Resources or Runner/Assistants, except as explicitly stated herein.
1. User Representations, Warranties, and Covenants
By using the Services, you expressly represent and warrant that you are legally entitled to
enter this Agreement. Your participation in using the Services is for your sole, personal,
or internal business use. When using the Services, you agree to comply with all applicable
laws from your home nation and the country, state, and city in which you are present while
using the Services.
You may only access the Services using authorized means. It is your responsibility to ensure
you download the correct Software for your device. The Company is not liable if you do not
have a compatible device or if you download the wrong version of the Software for your
device. The Company reserves the right to terminate your use of the Software and/or Services
should you be using them with an incompatible or unauthorized device.
By using the Services, you agree that:
- (a) You will only use the Services for lawful purposes; you will not use the Services
for sending or storing any unlawful material or for deceptive or fraudulent purposes.
- (b) You will not use the service to transport people or animals.
- (c) You will not use the Services to cause nuisance, annoyance, or inconvenience.
- (d) You will not use the Services, or any content accessible through the Services, for
any commercial purpose, including but not limited to contacting, advertising to,
offering to, soliciting, or selling to any Vendor Resources, User, or Runner/Assistants,
unless the Company has given you permission to do so in writing.
- (e) You agree not to solicit or attempt to solicit any of our employees, contractors,
assistants, or vendor resources for any purpose outside of the services provided by our
Company. Additionally, you agree not to circumvent or bypass our Company in any way to
engage directly with these individuals or entities for any similar business or personal
opportunities. This non-circumvent and non-solicitation agreement is effective during,
and for two (2) years following, the termination or expiration of our service
relationship.
- (f) You will not copy or distribute the Software or any content displayed through the
Services without prior written permission from the Company.
- (g) You will not create or compile, directly or indirectly, any collection, compilation,
or other directory from any content displayed through the Services except for your
personal, non-commercial use.
- (h) The information you provide to us when you register or sign up for an account or
otherwise communicate with us is accurate. You will promptly notify us of any changes to
such information and will provide us with whatever proof of identity we may reasonably
request.
- (i) You are aware that when requesting Services via SMS text messages, standard
messaging charges will apply.
- (j) You will keep secure and confidential your account password or any identification
credentials we provide to you that allow access to the Services.
- (k) You will only use the Services for your own use and will not resell either the
Software or Services to a third party.
- (l) You will not use the Website or Software in any way that could damage, disable,
overburden, or impair any Company server or the networks connected to any Company
server.
- (m) You will not attempt to gain unauthorized access to any part of the Website and/or
to any service, account, resource, computer system, and/or network connected to any
Company server.
- (n) You agree not to deep-link to the Website or access it manually or with any robot,
spider, web crawler, extraction software, automated process, or device for the purpose
of scraping, copying, or monitoring any part of the Website or its content, unless you
have received prior written permission from the Company to do so.
- (o) You will not copy any content displayed through the Services for republication in
any format or media.
- (p) You will not conduct any systematic retrieval of data or other content from the
Website, Software, or Services.
- (q) You will not try to harm other Users, Members, the Company, the Website, Software,
or Services in any way whatsoever.
- (r) You will report any errors, bugs, unauthorized access methodologies or any breach of
our intellectual property rights that you uncover in your use of the Website, Software
or Services.
2. User Account
You are the sole authorized User of any account you create through the Services. You are
solely and fully responsible for all activities that occur under your password or account.
You agree to monitor your account to prevent use by minors and accept full responsibility
for any unauthorized use of your password or account by minors.
You may not authorize others to use your User status, nor may you assign or transfer your
User account to any other person or entity.
If you suspect that any unauthorized party is using your password or account, you must
notify the Company immediately.
If you provide any information that is untrue, inaccurate, not current, or incomplete—or if
the Company has reasonable grounds to suspect that such information is untrue, inaccurate,
not current, or incomplete—the Company reserves the right to suspend or terminate your
account and refuse any and all current or future use of the Services (or any portion
thereof).
You also agree not to create an account or use the Services if you have been previously
removed by the Company or if you have been banned from using the Services.
3. User Content
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(a) User Content.
The Company may provide interactive features through its Services, such as the ability
to post user ratings and reviews (collectively, “User Content”). By submitting, posting,
or otherwise making User Content available through the Services, you confirm that you
are the rightful owner of, or have the authority to share, all such User Content. You
grant the Company a perpetual, irrevocable, transferable, fully paid, royalty-free,
non-exclusive, worldwide license, including the right to sublicense, to use, copy,
display, publish, modify, delete, publicly perform, translate, create derivative works
from, distribute, and otherwise utilize your User Content for the Company’s business in
any format or medium now known or developed in the future, without further notice or
approval from you. Additionally, you authorize the Company to use your username and/or
other profile information, including your ratings history, for attribution in connection
with such uses, also without further notification or consent from you.
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(b) Feedback.
You acknowledge that any submission of ideas, suggestions, or proposals to the Company
through its suggestion, feedback, wiki, forum, or similar platforms (“Feedback”) is
voluntary and at your own discretion, with no expectation of confidentiality or
obligation by the Company. You confirm that you hold all necessary rights to provide the
Feedback and hereby grant the Company a perpetual, irrevocable, transferable, fully
paid, royalty-free, non-exclusive, worldwide license, including the right to sublicense,
to use, copy, display, publish, modify, delete, publicly perform, translate, create
derivative works from, distribute, and otherwise utilize the Feedback.
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(c) Ratings and Reviews
If you provide ratings and reviews of the Company, Assistants, Vendor Resources, or
other businesses (“Ratings” and “Reviews”), such content is regarded as User Content and
is governed by this Agreement. Please note that Ratings and Reviews are not endorsed by
the Company and do not reflect the views of the Company or its affiliates. The Company
is not liable for Ratings and Reviews or any economic losses that may result from
them.To help maintain the integrity of Ratings and Reviews on our platform, you agree to
the following:
- You will base your Rating or Review solely on personal experience with the
Assistant, Vendor Resources, or business in question.
- You will not submit a Rating or Review for any Vendor Resource or business in
which you have a personal interest, such as ownership, employment, or
affiliation, nor for any of their competitors.
- You will not post a Rating or Review in exchange for any payment, free items, or
other benefits.
- Your review will adhere to the terms of this Agreement.If, in our sole
discretion, we believe any Rating or Review compromises the integrity of our
platform, we reserve the right to remove it without notice.
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Intellectual Property Ownership
The Company, along with its licensors where applicable, retains exclusive ownership of
all rights, title, and interests, including all related intellectual property rights, in
the Website, Software, and Services. This Agreement does not constitute a sale and does
not grant you any ownership rights in the Website, Software, Services, or any
intellectual property owned by the Company. All trademarks, including the Company name,
logo, and any product names associated with the Website, Software, and Services, are the
property of the Company or third parties, and no rights or licenses to use them are
conferred through this Agreement. You further agree not to remove, modify, or obscure
any copyright, trademark, service mark, or other proprietary notices incorporated within
or accompanying the Website, Software, or Services.
4. Payment Terms
-
(a) Prices.
You understand that: (a) The prices for services are for service only and do not include
the cost of VIP membership, any items purchased, picked up, or delivered. (b) The
Company has no obligation to prepay for items in advance and reserves the right to
cancel any request upon arrival for pick-up or delivery if your requested items require
payment to successfully complete the transaction. You agree to pay the full price of
service for any pick-up or delivery that is unsuccessful due to items not being prepaid
in advance by you. (c) The Company reserves the right to change such prices at any time,
at its discretion. You are liable for all transaction taxes on the Services provided
under this Agreement (other than taxes based on the Company’s income). Payment will be
processed by the Company using the preferred payment method designated in your account.
- (b) No Refunds.
Charges paid by you for completed service and delivered orders are final and
non-refundable. The Company has no obligation to provide refunds or credits, but may
grant them, in each case in Company’s sole discretion. Furthermore, once an agent has
confirmed that an order is delivered, customers have a 24-hour window to accept or
confirm the delivery. If the customer does not confirm within this period, the order
will be automatically marked as delivered, and the order status will be closed.
Additionally, errands cannot be edited or canceled after the agent has picked up the
order from the vendor.
- (c) Promotional Offers
The Company, at its sole discretion, may make promotional offers with different features
and different rates available to any of our Users. These promotional offers, unless
specifically made to you, shall have no bearing whatsoever on your offer or contract. We
encourage you to check our website periodically if you are interested in learning more
about how we charge for the Software or Services.
- (d) Fees for Services and Software The Company may change the fees for our
Services as we deem necessary or appropriate for our business.
5. Third-Party Interactions
- (a) Third-Party Websites, Applications, and Advertisements
The Services may include links to third-party websites (“Third-Party Websites”),
applications (“Third-Party Applications”), and advertisements (“Third-Party
Advertisements”), collectively referred to as “Third-Party Websites &
Advertisements.”
When you click on any link to a Third-Party Website, Application, or Advertisement,
please note that you will not receive a notification indicating you have left the
Company’s Website or Services, nor will you be advised that you are now subject to the
terms and privacy policies of another website. These Third-Party Websites &
Advertisements are not managed or controlled by the Company, which assumes no
responsibility for any Third-Party Websites, Applications, or Advertisements. Links to
these Third-Party Websites & Advertisements are provided solely for your convenience;
the Company does not review, approve, monitor, endorse, warrant, or make any
representations regarding them or their content, products, or services. By accessing
Third-Party Websites & Advertisements, you do so at your own risk. You are encouraged to
review the relevant terms, policies, privacy, and data practices of these third parties
and conduct any necessary investigation before engaging in any transaction with them.
- (b) App Stores.
You acknowledge and agree that the availability of the Application is dependent on the
third party from which you
received the Application license, e.g., the Apple iPhone or Android app stores (“App
Store”). You acknowledge that this Agreement is between you and the Company and
not with
the App Store. The Company, not the App Store, is solely responsible for the Software
and the Services, including the Application and the Services, the content thereof,
maintenance, support services, and warranty therefore, and addressing any claims
relating thereto (e.g., product liability, legal compliance, or intellectual property
infringement). To use the Application, you must have access to a wireless network and
agree to cover all associated access fees. You also agree to pay any fees (if
applicable) charged by the App Store in relation to the Application or Services. Your
license to use the Application is conditional upon your compliance with all relevant
third-party agreements, including the App Store’s terms and policies. You acknowledge
that the App Store (and its subsidiaries) are intended third-party beneficiaries of this
Agreement and retain the right to enforce its terms.
6. Indemnification
You agree to indemnify and hold harmless the Company and its officers, directors, employees,
agents, and affiliates (each, an “Indemnified Party”), from and against any
losses, claims,
actions, costs, damages, penalties, fines, and expenses, including without limitation
attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of,
relating to, or resulting from:
(a) your User Content; (b) your misuse of the Website, Software, or Services; (c) your
violation of this Agreement; or (d) your violation of any applicable laws, rules, or
regulations through or related to the use of the Website, Software, or Services. In the
event of any claim, allegation, suit, or proceeding alleging any matter potentially covered
by the agreements in this section, you agree to pay for the defense of the Indemnified
Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. The
Company reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with the Company in asserting any available defenses. This provision does not
require you to indemnify any Indemnified Party for any unconscionable commercial practice by
such party, or for such party’s negligence, fraud, deception, false promise,
misrepresentation, or concealment, suppression, or omission of any material fact in
connection with the Website, Software, or Services. You agree that the provisions in this
section will survive any termination of your account, this Agreement, or your access to the
Website, Software, and/or Services.
7. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE
OF THE WEBSITE, SOFTWARE, AND SERVICES IS ENTIRELY AT YOUR OWN RISK.The Website, Software,
and Services may be modified periodically and at any time without notice to you. They are
provided “as is” without any warranties, express or implied, including but not limited to
warranties of merchantability, fitness for a particular purpose, and non-infringement. The
Company makes no representations or warranties regarding the accuracy, reliability,
completeness, or timeliness of any content available through the Website, Software, or
Services, including the functionality, software, text, graphics, or links therein. The
Company does not guarantee that the Website, Software, or Services will function error-free
or be free from computer viruses or harmful malware. If your use of the Website, Software,
or Services results in the need for servicing or replacement of equipment or data, the
Company is not liable for those costs.
8. Internet Delays
The Company’s Website, Software and Services may be subject to limitations, delays, and
other problems inherent in the use of the Internet and electronic communications. Except as
set forth in the Company’s privacy policy or as otherwise required by applicable law, the
Company is not responsible for any delays, delivery failures, or other economic damage
resulting from such problems.
9. Limitation of Liability
- (a) Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED
THE GREATER OF (A) THE AMOUNT ACTUALLY PAID BY OR DUE FROM YOU TO THE COMPANY IN THE SIX
(6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) THE REMEDY
OR PENALTY PROVIDED UNDER THE STATUTE UNDER WHICH THE CLAIM ARISES. THIS LIMITATION ON
LIABILITY DOES NOT APPLY TO ANY LIABILITY OF THE COMPANY FOR (A) DEATH OR PERSONAL
INJURY CAUSED BY THE COMPANY’S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (B) ANY INJURY
RESULTING FROM THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- (b) Disclaimer of Certain Damages
TO THE FULLEST EXTENT OF LAW, THE COMPANY SHALL NOT BE LIABLE TO ANYONE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF
ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR
OTHER ECONOMIC ADVANTAGE). THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR
INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE, SOFTWARE, OR SERVICES
INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR
SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY
ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
VENDOR RESOURCES, RUNNER/ASSISTANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON
THE WEBSITE OR IS REFERRED BY THE SOFTWARE OR SERVICES, EVEN IF THE COMPANY AND/OR ITS
LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE
COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS
AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT".
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(a) Scope of Arbitration Agreement. You agree that any dispute or claim in any way
related to your access or use of the Services as a consumer, any advertising or
marketing communications from the Company about the Services, any products or services
provided through the Services that you received as a consumer, or any aspect of your
relationship or transactions with the Company as a consumer, shall be resolved by
binding arbitration rather than in court, unless otherwise required by law and except
that (1) you may assert claims in small claims court if your claims qualify, so long as
the matter remains in such court and advances only on an individual (non-class,
non-representative) basis; (2) you or the Company may seek equitable relief in court for
infringement or other misuse of intellectual property rights (such as trademarks, trade
dress, domain names, trade secrets, copyrights, and patents); and (3) Either you or
Company may also, to the extent permitted by applicable law, apply to a court of
competent jurisdiction for temporary or preliminary injunctive relief on the ground that
without such relief the arbitration provided in this paragraph may be rendered
ineffectual. This Arbitration Agreement shall apply, without limitation, to all claims
that arose or were asserted before the Effective Date of this Agreement.
CASES MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY
ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU
AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT
PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS,
COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY
BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF
SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
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(b) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal
Arbitration Act in all respects. To begin arbitration proceeding, you must send a letter
requesting arbitration and describing your claim to our registered agent. You may choose
to have the arbitration conducted by telephone, video conference, based on written
submissions, or in person in the country where you live or at another mutually agreed
location.
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(c) Arbitrator Powers
The arbitrator shall have exclusive authority to resolve any
dispute regarding the interpretation, applicability, enforceability, or formation of
this Arbitration Agreement, including any claim that any portion of this Agreement is
void or voidable. The arbitrator’s role is to determine the rights and liabilities, if
any, of both you and the Company, with arbitration proceedings remaining separate from
other matters, ensuring no consolidation or joining of additional parties. The
arbitrator may grant motions that resolve part or all of any dispute, has authority to
award monetary damages, and can provide any non-monetary remedy available to an
individual as permitted by applicable law, the arbitration rules, and this Agreement.
The arbitrator will issue a written statement of decision describing the essential
findings and conclusions on which any award (or decision not to render an award) is
based, including the calculation of any damages awarded. The arbitrator shall follow the
applicable law. The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The arbitrator’s decision is final and
binding on you and the Company.
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(d) Waiver of Jury Trial. YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY
RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are
instead electing to have claims and disputes resolved by arbitration, except as
specified in section 11(a) above. There is no judge or jury in arbitration, and court
review of an arbitration award is limited.
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(e) Waiver of Class or Consolidated Actions
YOU AND THE COMPANY AGREE TO WAIVE ANY
RIGHT
TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE,
OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION
AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF
MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED
WITH THOSE OF ANY OTHER CUSTOMER OR USER.
If, however, this waiver of class or consolidated actions is deemed invalid or
unenforceable with respect to a particular claim or dispute, neither you nor the Company
is entitled to arbitration of such claim or dispute. Instead, all such claims and
disputes will then be resolved in a court as set forth in Section 12.
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(f) Opt Out
You have the option to opt out of this Arbitration Agreement. By opting
out,
neither you nor the Company can require the other to arbitrate under this Agreement. To
opt out, provide written notice to the Company no later than 30 days after becoming
subject to this Arbitration Agreement. The notice must include your name, address,
username (if applicable), the email address associated with your account, and a clear
statement expressing your wish to opt out.
Send your opt-out notice to: hello@nosufer.com. Opting out of this Arbitration Agreement
will not impact any other parts of this Agreement, which will still apply to you, nor
will it affect any other arbitration agreements you may have with us or enter into in
the future.
NOTABLY, NOTHING IN THIS AGREEMENT OVERRIDES OR ALTERS THE TERMS OF ANY SEPARATE
AGREEMENT RELATED TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, SUCH AS AN
INDEPENDENT CONTRACTOR AGREEMENT COVERING YOUR SERVICES. IF YOU ARE A RUNNER/ASSISTANT,
OPTING OUT OF THIS ARBITRATION AGREEMENT DOES NOT IMPACT YOUR OBLIGATION TO ARBITRATE
DISPUTES UNDER YOUR INDEPENDENT CONTRACTOR AGREEMENT WITH THE COMPANY.
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(g) Survival
This Arbitration Agreement will survive any termination of your
relationship with the Company.
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(h) Modification
Notwithstanding any provision in the Agreement to the contrary, we
agree that if the Company makes any future material change to this Arbitration
Agreement, it will not apply to any individual claim(s) that you had already provided
notice of to the Company.
11. Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a
court, both you and the Company agree that all claims and disputes arising out of or
relating to the Agreement will be litigated exclusively in the state or federal courts
located in Uyo, Akwa Ibom State, Nigeria.
12. Termination
The Company reserves the right, at its sole discretion, to modify, discontinue, suspend, or
terminate the Software or Service, including your access to them, for any reason and without
notice or liability to you or any third party. In addition to suspending or terminating
access, the Company may pursue appropriate legal action, including civil, criminal, or
injunctive measures. Even if your right to use the Software or Services is terminated, the
terms of this Agreement will remain enforceable. All provisions that by their nature should
continue to apply will survive the termination of this Agreement to ensure their intended
effect.
13. General
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(a) No Joint Venture or Partnership
No joint venture, partnership, employment, or
agency relationship exists between you, the Company, or any third-party provider as a
result of this Agreement or use of the Software or Services.
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(b) Choice of Law
This Agreement is governed by the laws of the Federal Republic of
Nigeria, consistent with the Federal Arbitration Act, without giving effect to any
principles that provide for the application of the law of any other jurisdiction.
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(c) Severability
Except as otherwise provided herein, if any provision of this
Agreement is found to be invalid, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall remain in full force
and effect.
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(d) Notice
Where the Company requires you to provide an e-mail address, it is your
responsibility to ensure that the Company has your most up-to-date email address. If the
last email address you provided is invalid or otherwise unable to receive notices as
outlined in this Agreement, the Company’s attempt to send an email to that address will
still be considered a valid notice. You may give notice to the Company through the
following web form: www.nosufer.com/contact. Such notice shall
be deemed given on the
next business day after such e-mail is actually received by the Company.
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(e) Electronic Communications
For contractual purposes, you (1) consent to receive
communications from the Company electronically and (2) agree that all terms, agreements,
notices, disclosures, and other communications provided by the Company electronically
fulfill any legal requirement for written communication. This provision does not affect
your statutory rights.
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(f) Entire Agreement
This Agreement is the final, complete, and exclusive agreement of
the parties with respect to the subject matter hereof and supersedes and merges all
prior discussions between the parties with respect to such subject matter. However,
nothing in this Agreement shall supersede, amend, or modify the terms of any separate
agreement(s) between you and the Company relating to your work as an employee or
independent contractor, including, without limitation, any Independent Contractor
Agreement governing your efforts as a Runner/Assistant.
14. Contact Information
Nosufer Errand Services Ltd welcomes your questions or comments regarding the Terms:
Nosufer Errand Services Ltd,
Ekpri Nsukara, Uyo, Akwa Ibom State.
support@nosufer.com
Tel: +2347013186349