Terms of Service
Please read these Terms and Conditions.
The following describes the terms applicable to the use of Wirepackage Technologies Limited’s Site. Your use of the Site forms a legally binding contract between you and Wirepackage Technologies Limited. It governs your access to and the use of the Site and all related applications and services.
Wirepackage Technologies Limited’s collection and use of personal information in connection with your access to the use of Wirepackage Technologies Limited’s Services is described in Wirepackage Technologies Limited's Privacy Policy. See Wirepackage Technologies Limited’s Privacy Policy.
DEFINITION OF TERMS
i. Shipper: The sender of the goods;
ii. Receiver: The receiver of the goods and all authorized persons to receive goods on behalf of another;
iii. Waybill: The list of goods being shipped at a particular period of time and marked with a number, otherwise known as waybill number;
iv. Shipment: The action of shipping goods, a quantity of goods shipped and a consignment;
v. Users: All visitors, Customers, and others who have access to or use our Services;
vi. WPL/WP: WirePackage Technologies Limited or wirepackage.com
1.0 INTRODUCTION
1.1 These term of service will set out the basis on which Wirepackage Technologies limited will transport packages, documents and envelopes ("packages") and palletized goods ("pallets"; pallets and packages are together "shipments") and the basis for the use of the website, mobile app and all affiliated services.
1.2 WPL may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and sub-contractors each of whom shall have the benefit of these terms.
1.3 How you accept these terms: Your access to the use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, Customers, and others who access or use the Services (collectively referred to as "Users") and all applicable laws and all conditions or policies referenced here. Thus by accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms, then you must not access our Services. WPL may revise these Terms of Service at any time by posting an updated version to this Web page. WPL may change these terms and conditions from time to time without prior notice. The revised terms and conditions will become effective upon posting and if you use the Site or our services after that date, user’s use will constitute acceptance of the revised terms and conditions. If any change to these terms and conditions is not acceptable to you, your only remedy is to stop accessing and using the Site and our services.
2.0 SCOPE OF OUR SERVICES
2.1 Wirepackage.com is a platform that provides infrastructure for shipping. Shipping is available for both local and international carriage;
2.1 WPL reserves the right in its absolute discretion to refuse carriage to any shipment tendered to it for transportation.
2.2 For the purpose of these Terms of Service, "Services" shall include (a) the account services of the Website; (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"); (c) Shipment services and (d) Payment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.
2.3 Ensuing from the aforementioned, the following guidelines are applicable:
2.3.1Users are responsible for the information they provide to WPL and WPL is not liable for wrong information provided by Users. All Users that successfully register on our website are called registered users.
2.3.2WPL may make the access to and use of its services, or certain areas or features of its services, subject to certain conditions or requirements, such as signing up for an account, completing a verification process, meeting specific quality or eligibility criteria.
2.3.3For transparency and fraud prevention purposes, and as permitted by applicable laws, WPL may, but have no obligation to ask registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of registered Users.
2.3.4Despite the verification process, WPL do not assume any responsibility for the confirmation of any User's identity.
3.0 ELIGIBILITY
You must be at least 21 years old and able to enter legally binding contracts to access and use our services. By accessing or using our services, you represent and warrant that you are 21 years or older and have the legal capacity and authority to enter into a contract. If you are under age 21, you may not, under any circumstances or for any reason, use the Services. WPL may, in our sole discretion, refuse to offer the Services to any person or entity and change this eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. You are not eligible to use our services if you violate any provision of these Terms as determined in our sole discretion.
4. USER'S REPRESENTATIONS AND WARRANTIES
Representations and warranties are statements and promises made by you to WPL, which WPL rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
You have the capacity to initiate and commence a transaction with us because you are over the age of 21 years and are of sound mind;
All personal information that you provide about yourself is accurate and true to the best of your knowledge;
You hold a bank account in your own name, or in the name of the one you represent, and you are authorized to use this account to make payments on our site;
You have carefully considered the risks involved with using the website, and its Services;
If you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so, and WPL may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization); and
You are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting.
You fully understand the risks involved in the Transaction initiated on our website and you undertake to bear all risks related to the said Transaction.
5. ACCOUNT AND SOFTWARE SERVICES
Registration on our site and App
5.1 In order to initiate and commence the use of our Services, all Users must register an account ("WPL Account").
5.2 If you are registering an account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant WPL all permissions and licenses provided in these Terms.
5.3 You can register a WPL Account using an email address and creating a password and you are responsible for safeguarding your password and any activities carried out under your account.
5.4 If there has been any breach of security or unauthorized access and use of your account, you warrant to notify us immediately you become aware of the said breach.
5.5 Negligent failure to report this breach or unauthorized access and use of your account (i.e. not bringing it to WPL's attention immediately you become aware of it) makes you liable for all the activities carried on in your account and you would be liable to WPL and Every other third party that is affected by your negligence.
5.6 When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms which may result in immediate termination of your account on our Service. Thus, you must not use a username or the name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization. You must not also use a name that is otherwise offensive, vulgar or obscene.
5.7 You agree to strictly observe the security and authentication procedures of our website/service and you will log out from the website by taking proper steps at the end of every visit.
6.0 SHIPPING SERVICES
Conditions of Carriage
This section sets out various restrictions and conditions which apply to the carriage of shipments by WPL. It also explains what the consequences are of the shipper presenting shipments for carriage which do not meet these requirements.
Service Restrictions and Conditions.
Shipments must comply with the restrictions in paragraphs (6.1) to (6.5) below:
6.1 Individual (or single) packages must not exceed 274 cm in length and girth combined, and no heavier than 70 kg. Additionally, individual (or single) packages must not be longer than 108 inches, and no heavier than 70 kg.
6.2 The value of any package may not exceed 100,000 Naira. In addition, the value of any jewellery and watches, other than costume jewellery or costume watches, in a package shall not exceed 50,000 Naira.
6.3 Shipments must not contain any prohibited articles including but not limited to:
i. Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
ii. Any product that is unfit to be eaten; poisonous and harmful to the body, except dry unperishable food items.
iii. Items that are prohibited by law, such as illegal drugs, stolen goods, and counterfeit items.
iv. Items that are deemed to be inappropriate or offensive, such as weapons, pornography, and hate speech.
v. Hazardous materials, including pesticides, batteries, and items that are considered environmentally harmful.
vi. Articles of unusual value (such as works of art, antiques, precious stones, unique items, gold or silver);
vii. Money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities);
viii. Alcoholic beverages
ix. Human remains, including ashes or cremated remains.
x. Live animals
xi. Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
(a) Live plants and animals;
(b) Ammunition & firearms;
(c) Illegal substances;
(d) Tobacco;
(e) Firearms and any kind of weapon;
(f) Prescription pharmaceuticals or other dangerous drugs; and
(g) Explosive or hazardous products.
WPL will not be liable for any loss, damage and or destruction of such prohibited product.
xii) Shipments must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported (or the carriage, export or import of which is prohibited by applicable law) by WPL.
6.4 The shipper shall be responsible for the accuracy and completeness of the particulars inserted in the Waybill and for ensuring that all shipments set out adequate contact details for the shipper and receiver of the shipment and that they are so packed, marked and labelled.
WPL shall not be liable for any loss, damage, destruction of such prohibited product or any product that does not meet the aforementioned requirements.
6.5 WPL has the right, but is not obliged, to open and inspect or scan, by means of x-ray or physical inspection, a Shipment without notice for safety, security, or other regulatory reasons.
6.6 If there is an Interruption of Service and WPL is unable to start or continue with carriage of the shipper's shipment for a reason beyond its control, WPL will not be in breach of its agreement with the shipper but will take all steps that are reasonably practicable in the circumstances to commence or continue the carriage. Examples of events beyond WPL's control include: disruption to air or ground transportation due to bad weather, fire, flood, war, hostilities, civil disturbance, acts of government or other authorities (including, without limitation, restriction of movement), labour disputes or obligations affecting WPL or some other party.
In this case WPL will not be held liable for any loss or damage to goods that arise as a result of the aforementioned reasons.
6.7 Packaging of any Shipment is the sole responsibility of a User. Where WPL charges for packaging, packaging will be limited to the provision of shipping box(s)/carton(s) and/or materials that WPL deems necessary. Under no circumstance shall WPL be held liable for damages or losses caused by poor packaging even if the user has paid for packaging or has advised WPL about safe packaging.
8.0 FORCE MAJEURE
WPL is not liable for any loss or damage arising out of circumstances beyond it's control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to WPL; any act or omission by a person not employed or contracted by WPL - e.g. Shipper, Receiver, third party, government official; "Force Majeure" - e.g. earthquake, cyclone, storm, flood, fog, war, highway theft, plane crash, embargo, pandemic (whether global or local), riot, civil commotion, or industrial action.
WPL shall not be liable for any failure to perform its obligations hereunder where such failure results from the aforementioned circumstances beyond WPL's control.
9.0 SHIPPER'S WARRANTIES AND INDEMNITIES
Shipper shall indemnify and hold WPL harmless for any loss or damage arising out of Shipper's failure to comply with the following warranties and representations:
i. All information provided by Shipper or its representatives is complete and accurate;
ii. The Shipment is acceptable for transport under clauses 5 and 6 above;
iii. The Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to WPL;
iv. Shipper has complied with all applicable laws and regulations; and
v. Shipper has obtained all necessary consents in relation to personal data provided to WPL including Receiver's data as may be required for transport and delivery, such as e-mail address and mobile phone number.
The shipper also warrants to indemnify WPL for any damage caused to WPL or any of the other shipments, as a result of non-compliance with any provisions of this Terms of Service.
10.0 ROUTING
Shipper and receiver agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places that WPL deems appropriate. WPL may engage sub-contractors to perform services and contracts both on its own behalf and on behalf of its servants, agents and sub-contractors each of whom shall have the benefit of these terms.
11.0 PAYMENT
11.1 The rates for carriage and other services are as quoted by WPL and shall be paid before shipment. Payments are billed immediately a shipment is confirmed, therefore the Services shall be considered as "pre-paid".
WPL specifically disclaims any liability for any payment errors due to inaccurate or incomplete information. WPL is not responsible for any changes or alteration of the Payment Fees.
11.2 You must provide complete and accurate payment information. Payment for WPL's Services shall be made by any of the accepted payment methods set out on the Website.
11.3 If any sum is not paid by the shipper, receiver or some other party under these terms, WPL may hold any shipment(s) it is carrying (or part thereof) until it receives payment in full. WPL will charge the sum of 2,000 Naira per day for every package or goods or items kept at its custody for failure of the user not paying its debt to WPL within 24hrs of WPL notifying the user of any debt owed. Any unpaid balance will remain payable. Shipment will be deemed abandoned and handed over to constituted authorities if payments are not received by WPL after 2 weeks of initiating Shipment without payment.
11.4 WPL's rates for carriage as quoted by WP, are calculated only for the carriage of shipments which do not exceed in value the provisions in paragraph 6.1 (or other applicable value, if lower). In the event that WPL becomes aware that it has carried a shipment which, without WPL's express written consent, exceeds this value, then, in addition to the otherwise applicable rates and charges and any other remedies under these terms, an additional carriage charge equivalent to 5% of the value of the shipment in excess the relevant amount, provided on booking or in paragraph 6.1 (whichever is greater), is applicable.
WPL may verify the actual and/or dimensional weight of shipments and, if greater than the declared weight, an invoice will be issued on such basis.
11.6 Quotations for Shipping Fees by WPL are based on the information provided by Users, including but not limited to sender's address, receiver's address, weight, dimensions, and value of the items. If there is any discrepancy between the Shipping Fees charged by WPL and the costs for the Shipment incurred by WPL due to an inaccuracy in the information you have provided to WPL, such as incorrect weight, dimensions, value of the item(s), addresses, or any other information critical to estimate the shipping cost, user will be responsible to pay for such difference in amount.
WPL specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. WPL is not responsible to bear the cost of any changes or alteration of the Shipping Fees. WPL agrees to make reasonable efforts to bill such difference in amount to user’s account in a timely manner but WPL makes no representations or warranties regarding the amount of time needed to complete processing.
11.7 If there are any disputes with regards to the Shipping Fees charged to user’s account, you shall submit such complaint to WPL within thirty (30) days of the fee being charged ("Dispute Period"). WPL will not review user requests for Shipping Fee adjustments that are received after the Dispute Period and WPL cannot be held liable for any loss arising from such a transaction.
11.8 User acknowledge and agree that the Shipping Fee(s) do not include any additional fee(s) arising out of separate agreements with third-party service providers.
11.9 WPL proffers that protecting payment transactions on WPL’s platform is a priority to us. This is why a user can only withdraw funds into the account that funded the user’s WPL wallet on the site when making a withdrawal request.
11.10 Taxes: Users acknowledge and agree that all fees, charges and any other rates or amounts charged by WP are subject to applicable taxes including value added taxes ("Transaction Taxes") which may be levied in connection with the supply by WP of the Services to users. Where applicable, users shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by WP to users.
11.11Customs Fee: WP specifically disclaims any liability for any Customs fee. Customs duties are levied on certain goods purchased abroad. Every shipment that leaves Nigeria has to go through an import procedure determined by Customs law in the destination country. Value Added Taxes (VAT) are usually levied in the country where the purchased goods are consumed. Duties and taxes differ per country. Depending on country, duties and taxes are settled with the customs office or the post office. Users can find more information about customs on the website of the local customs authority. WP is not responsible for any custom fee charges.
12.0 SHIPMENT INSURANCE
12.1 Users acknowledge it is mandatory for them to use insurance for any Shipment and when not, it is deemed that any shipment made is without insurance coverage. Packages delivered using a WP accredited delivery partner (shipments completed via WP) are also subject to Insurance protection provided the shipments are in compliance with our shipping policies and guidelines and this Terms of service.
12.2 General or Standard Insurance: This insurance is free. However, should there be an issue of missing packages, damaged packages, tampered packages, altered packages, etc., users will only be liable to a compensation fee of N5,000 (regardless of the worth of the package).
12.3 Premium Insurance: This insurance isn't free. A 1.5% charge of the total worth of users package is incurred. If there is an issue of missing packages , damaged packages, tampered packages, altered packages, etc, with proof and a laid claim, users are liable to a compensation fee of up to N100,000 coverage only (regardless of the worth of the package).
12.4 In no case shall insurance cover for loss, damage or expense; attributable to, resulting from or caused by:
i. Willful misconduct of user;
ii. Ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the shipment insured;
iii. Insufficiency or unsuitability of packing or preparation of the shipment insured to withstand the ordinary incidents of the shipment's transit;
iv. Inherent vice or nature of the shipment;
v. Delay;
vi. War, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power;
vii. Derelict mines, torpedoes, bombs, or other derelict weapons of war;
viii. Strikes, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions;
ix. Act of terrorism.
x. Any person acting from a political, ideological or religious motive.
12.4Value of items declaration: Declaring the actual value (cost) of packages/items/goods shipped via WPL is mandatory. WPL will not be liable for any incorrect value provided to WPL that may cause the confiscation of the packages/items/goods.
12.5 Updating Shipping Information: Updating Shipping Information can be initiated by the shipper via an email sent to [email protected] three (3) hours after booking request for the changes to be made. Note that change of address request for shipments in transit may attract a supplementary charge and WP won't be liable for this charge.
13. THIRD PARTY SERVICES
13.1 WPL is a technology platform that connects shippers and couriers. In no circumstances will WPL be liable for any Services provided by any Courier. WPL is not liable for any damage, destruction, or loss of Shipment, late delivery, and issues with the tracking, by the Courier. WPL are not liable for acts, errors, or omissions (including, without limitation, any negligence or wilful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier).
13.2 After a user buys a shipping label, user agree to be responsible to deliver the Shipment to the designated drop-off point. WPL will not be liable for the delivery time information shown on the Website. WPL will not be responsible for any delayed delivery.
13.3 Furthermore, the Services may further permit user to link to or otherwise access other websites, services or resources on user’s device and the Internet, and other websites, services or resources on a given device, may contain links to or be accessed by the Services or the Application. These other services are not under our control, and user acknowledge that WPL are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services or resources. User further acknowledge and agree that WPL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
14.0 GENERAL PROHIBITED ACTIVITIES or PROHIBITED ACTIVITIES LINKED TO THE SITE AND SERVICES
14.1 User shall not use the Services for any purpose that is prohibited by these Terms. User is responsible for all of the activities carried out on user’s account in connection with the Services. Violation of our rules may result in the termination and cancellation of user’s account.
14.2 User shall not utilize the website or the Services in connection with any illegal transaction or purpose.
14.3 WPL reserve the right to refuse the completion of any transaction that WPL believe to be unauthorized or may violate any rule, law or regulation.
14.4 If any transaction cannot be completed by WPL, WPL will notify the concerned party about our inability to complete such a transaction via the mail provided to us.
14.5User are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to users use of the Services.
14.6 User warrant not to aid or enable anyone to do any of the following acts:
i. Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
ii. Use the website or collective content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to users affiliation with WPL;
iii. Copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the website in any way that is inconsistent with WPL Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
iv. use the website in connection with the distribution of unsolicited commercial messages ("spam");
v. Use the Site to circumvent any Fees or unlawful purposes for any other reason;
vi. Request, accept or make any payment for orders using WPL’s platform. If you do so, you acknowledge and agree that you: (i) would be in breach of our Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold WPL harmless from any liability for such payment;
vii. Discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behavior;
viii. Use, display, mirror or frame the Platform or Collective Content, or any individual element within our platform, name, any of our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on our platform, without WPL’s express written consent;
ix. Dilute, tarnish or otherwise harm the WPL brand in any way, including through unauthorized use of Collective Content, registering and/or using WPL or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to our domains, trademarks, taglines, promotional campaigns or Collective Content;
x. Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Application for any purpose;
xi. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by WPL or any of our providers or any other third party to protect the Application;
xii. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application;
xiii. Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Application;
xiv.Violate or infringe anyone else's rights or otherwise cause harm to anyone.
14.7 User acknowledge that WPL has no obligation to monitor the access to or use of the Application by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users' compliance with these Terms; (iii) comply with applicable law or court order, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines as harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist WPL in good faith, and to provide us with such information and take such actions as may be reasonably requested by WPL with respect to any investigation undertaken by WPL or our representative regarding the use or abuse of the Application and/or website and/or services.
14.8 The failure of WPL to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right.
14.9 Subject to the Terms, WPL may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. WPL might use the User’s personal information to send them updates about their packages, gain feedback, and in general, any time WPL consider it needed, to carry on its Services.
15.0 CHANGES TO SHIPPING INFORMATION
If user wishes to change any information regarding the Shipment, such as address, items included or other matters, user shall notify our customer service at [email protected]. If the Shipment has already been handed over to the Courier, such changes may not become effective, or the Courier may ask a fee to validate the change.
15.1 CANCELLATION OF SHIPMENTS
Cancellation of shipments (before dispatch) would take effect by Close of Business on the day of request. Allow at least 8 hours after request for the cancellation to be effected (before the close of business)
16.0 TERMINATION
16.1 WPL may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, which may result in the forfeiture and destruction of all information associated with your use of the Services, except for the information WPL is required to retain by law even after the termination of an account with us, and as contained in our privacy policy.
16.2 If user wish to terminate your Account, user may do so by removing the Application from user’s device and following the instructions on the Application or through the Services. User may also delete user’s account with us. All provisions of these Terms which by their nature should survive termination shall survive termination, including, but not limited to, Intellectual Property, Warranty Disclaimers, Indemnity, Limitations of Liability, and Governing Law.
17. INDEMNIFICATION
17.1 User agree to indemnify and hold harmless WPL, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
i. Fraudulent or illegal use of the Services or the Site;
ii. Negligence or any default by user of any of these Terms;
iii. Any inaccurate or incomplete information that user have provided to WPL;
iv. Allowing any other person to access an account either with user’s permission or as a result of user’s failure to keep the user’s username and password private;
v. Any claim made against user for actual or alleged infringement of the Company's Intellectual Property Rights or any actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with the Services or use of the Site.
17.2 Upon requesting for our Service, user agree to indemnify and hold harmless WPL from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not WPL accepts such order.
18.0 LIMITATION OF LIABILITY
18.1 By accepting the Terms of Service, user acknowledge and agree that WPL do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or wilful misconduct) of any third-party service providers.
18.2 In no event shall WPL be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by user or any third party, whether in an action in contract or tort, arising from user access to, or use of, the Services, any content, or any third-party websites and content. Other than as set forth below, in no event shall WPL's liability under this agreement exceed the monies paid or payable by you to WPL for the applicable services excluding carrier fees or other third party fees ("Damages Cap") except for insured goods as stated in clause 12.0.
18.3 In the event of an unauthorized transaction by a WPL employee or agent, WPL is only liable for the Damages Cap. WPL must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from WPL.
18.4 User is responsible to provide complete and accurate information in respect of the Shipment, including but not limited to the item description and item value of the Shipment. User shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. User shall further indemnify WPL for and hold WPL harmless from any loss or expense resulting as a consequence of the wrong information provided by you. WPL shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. In addition, WPL is in no way responsible for any damages, losses due to custom practice. WPL shall not be liable to ensure the accuracy and/or truthfulness of the information provided by you.
18.5 WPL shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, WPL shall not be held responsible in the event that the local custom confiscates, holds, or denies to release the Shipment to the receiver.
18.6 WPL is not liable for any fees, expenses, resulting as a consequence of a change of information from user’s side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on WPL’s platform. WPL is not liable for any delay in the generation of shipping documents.
19. WARRANTY DISCLAIMER
19.1 USER’S USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
19.2 WPL, its subsidiaries, affiliates, and its licensors do not warrant that:
a) the Service will function uninterrupted, be secure or available at any particular time or location;
b) any errors or defects will be corrected;
c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet users requirements.
19.3 WPL shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for:
i. Any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits)
ii. Data loss or cost of procurement of substitute goods or services, and/or
iii. Any matter beyond such parties' reasonable control.
iv. Failed, returned or misdirected notifications based on inaccurate information provided by User;
v. Loss that occur due to failure of User to give accurate information;
vi. Damaged Shipment due to negligence of User;
vii. Any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit a User's access to the website; or
viii. Any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to User's or any other person's computer or mobile device related to or resulting from use of the Application
20. INTELLECTUAL PROPERTY
20.1 The Service and its original content, features and functionality are and will remain the exclusive property of WPL. WPL's trademarks may not be used in connection with any product or service without the prior written consent of WPL.
20.2 WPL may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Application ("User Content"); and (ii) access and view User Content and any content that WPL itself makes available on or through the Application, including proprietary WPL content and any content licensed or authorized for use by or through WPL from a third party ("WPL Content" and together with User Content, "Collective Content").
20.3 User represent that all User Content provided by user is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User retain ownership of any and all User Content created and/or uploaded by user. User acknowledge that all Content, including User Content, accessed by users using the Services is at user’s own risk and user will be solely responsible for any damage or loss to user or any other party resulting therefrom. WPL do not guarantee that any Content user access on or through the Services is or will continue to be accurate. User will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Application or Collective Content, except to the extent that user is the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to user by implication or otherwise under any intellectual property rights owned or controlled by WPL or its licensors, except for the licenses and rights expressly granted in these Terms.
20.4 By submitting User Content through the Services, user hereby do and shall grant WPL a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Application, the Services and WPL's (and WPL's successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Application or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after user termination of user’s Account or the Services. User also hereby do and shall grant each user of the Application and/or the Services a non-exclusive, perpetual license to access your User Content through the Application and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of user Account or the Services. For clarity, the foregoing license granted to WPL and WPL's users does not affect your other ownership or license rights in user’s User Content, including the right to grant additional licenses to user’s User Content, unless otherwise agreed in writing. User represent and warrant that user have all rights to grant such licenses to WPL without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
20.5 Subject to your compliance with these Terms, WPL grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the website and accessible to you, solely for your personal and non-commercial use. 8.7 Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
20.6 WPL do not guarantee that any content will be made available on the Application or through the Services. WPL reserve the right to, but do not have any obligation to;
i.Remove, edit or modify or otherwise manipulate any Content in WPL's sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if WPL is concerned that you may have violated these Terms), or for no reason at all;
ii.Remove or block any content from the Services.
21.0 CHANGES TO THE TERMS OF SERVICE
21.1 WPL reserve the right, in its sole discretion, to modify or replace any of the clauses contained in these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Application or by sending you notice through the Services, via email or by another appropriate means of electronic communication.
21.2 WPL may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While WPL will, as much as is possible, provide notice of modifications timeously, it is also your responsibility to check these Terms periodically for changes. User’s continued use of the Services following any changes to these Terms constitutes acceptance of those changes, which will apply to user continued use of the Services going forward. User’s use of the Services is subject to the Terms in effect at the time of such use.
22.0 SEVERABILITY
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions. WPL's failure to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
23.0. SECTION HEADINGS
Section headings in this Terms of Service are for convenience of reference only, and shall not govern the interpretation of any provision of this Agreement
24.0 FEEDBACK AND CONTACTING US
24.1 WPL appreciates and welcomes any feedback with regards to WPL's services. Such feedbacks maybe communicated to us through WPL's contact email or any means provided for that purpose. Any Feedback you submit to us will be considered non-confidential and non-proprietary.
24.2 By submitting Feedback to WPL, user grant WPL a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to the user.
24.3 If you have any questions about these Terms, please contact WPL via:
i) Phone: 0818-988-5511
ii) Email: [email protected]
iii) Physical Address: No. 9, Bode Thomas street, Surulere, Lagos, Nigeria.