GENERAL TERMS AND CONDITIONS OF USE WHAT’S IN THESE TERMS?    These terms tell you the rules for using the website www.instanttrolleys.com (our “site”) and its mobile application (“App”)    WHO WE ARE AND HOW TO CONTACT US    www.instanttrolleys.com is a website operated by Instant Trolleys Limited (”We”). We are registered in Nigeria under company number RC 1794811 at Plot 2, Block 124. Olatunji Moore Street. Pinnacle Filling station. Lekki right axis, Lagos.   Instant Trolleys enables technology services through its website www.instanttrolleys.com and its mobile APP (our “site” “Services”) to connect users (‘you’ ‘your’). We are not a party to the Services and contractual agreements between the Users, Vendors, Riders and Third Party Logistics entities. The sale and purchase contracts are entered into directly between the Users, Vendors, Riders and Third Party Logistics entities.   To contact us, please email supportinfo@instanttrolleys.com   BY USING OUR SITE YOU ACCEPT THESE TERMS    By using our site, you confirm that you:   Have read through and understand these terms and conditions (“terms”);  are of legal age to enter into this agreement, consent and accept these terms and conditions; and   agree to comply with them.   If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.   THERE ARE OTHER TERMS THAT MAY APPLY TO YOU    These terms of use refer to the following additional terms, which also apply to your use of our site:  • Our Privacy Policy.   RULES AND PROHIBITIONS    We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 30th September 2022.      We may update and change our site from time to time [to reflect changes to our products, our user’s needs and our business priorities or for any other reason(s).     Our site is made available free of charge.  We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.    You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions and that they comply with them.    Our site is directed to people residing in Nigeria. We do not represent that content available on or through our site is appropriate for use or available in other locations.    You must ensure that the information you provide to us when you register an account or otherwise communicate with us is accurate. You will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.  If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.  We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at supportinfo@instanttrolleys.com      We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it except those supplied by various vendors and users on our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.       You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.     You will not engage in threatening, harassing, racist, and sexist or any other behavior that Instant Trolleys deems inappropriate when using the Services.      The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.    Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.     This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at supportinfo@instanttrolleys.com      All purchases made on the site are made pursuant to a delivery contract. This means that the risk of loss and title for such items pass to you upon delivery to the individual rider or Logistics Company engaged for delivery.    We will only use your personal information as set out in our Privacy Policy.    We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.     Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties.     INDEPENDENT CONTRACTORS    You understand and agree that we provide a technology service connecting you with independent service providers and others (“Vendor”)that provide the goods or products offered through the site, and independent riders or third-party logistic entities who provide delivery services (“Delivery contractors”). You acknowledge and agree that Instant Trolleys does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Vendor or any Delivery contractors. The vendor is the retailer; the services offered by Instant Trolleys pursuant to these terms do not include any retail services or any food preparation services. We are not in the delivery business, we provide a technology service facilitating the transmission of orders by you to Vendors for delivery by Delivery contractors. We will not assess or guarantee the suitability, legality or ability of any Vendor or Delivery contractors. You agree that Instant Trolleys is not responsible for the Vendor’s food preparation or the safety of the food or whether the photographs or images displayed through the site accurately reflect the food prepared by the Vendor and/or delivered by the Delivery contractors, and does not verify Vendor’s compliance with applicable laws or regulations. We have no responsibility or liability for acts or omissions by any Vendor or Delivery contractors.     You agree that the goods that you purchase will be prepared by the Vendor you have selected, that title to the goods passes from the Vendor to you when the order is picked up by the Delivery contractors.    The Delivery contractors will be directed by your instructions to deliver your order to your designated delivery location. You agree that neither the Delivery contractors nor Instant trolleys hold title to or acquires any ownership interest in any goods that you order through the Services.      ACCOUNT AND REGISTRATION    You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. 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 that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Instant Trolleys immediately. Instant Trolleys will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Instant Trolleys or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Instant Trolleys has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Instant Trolleys has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single pair of login credentials to use the Instant Trolleys services. You agree not to create an account or use the Services if you have been previously removed by Instant Trolleys, or if you have been previously banned from use of the Services.    By creating an Instant Trolleys account, you electronically agree to accept and receive communications from Instant Trolleys, its independent contractors, or third parties providing services to Instant Trolleys including via email, text message, calls, and push notifications to the telephone number and email you provided to Instant Trolleys. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Instant Trolleys, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account.      7. USER CONTENT, FEEDBACK AND RATINGS  (a) User Content.   Instant Trolleys may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (“User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You further represent and warrant that any User Content that you submit, post and/or otherwise transmit through the Services (i) does not violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) does not contain material that is false, intentionally misleading, or defamatory; (iii) does not contain any material that is unlawful; (iv) does not violate any law or regulation; and (v) does not violate this Agreement. You hereby grant Instant Trolleys a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with Instant Trolleys’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant Instant Trolleys a license to use your username, first name and last initial, and/or other User profile information, including without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Instant Trolleys herein shall survive termination of the Services or your account. Instant Trolleys reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that Instant Trolleys may monitor and/or delete your User Content for any reason at Instant Trolleys’ sole discretion. Instant Trolleys may also access, read, preserve, and disclose any information as Instant Trolleys reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, or (e) protect the rights, property or safety of Instant Trolleys, its Users and the public.    (b) Feedback.   You agree that any submission of any ideas, suggestions, and/or proposals to Instant Trolleys through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Instant Trolleys has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Instant Trolleys a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.    (c) Ratings and Reviews.   To the extent that you are asked to rate and post reviews of Vendors, delivery contractors or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Instant Trolleys and do not represent the views of Instant Trolleys or its affiliates. Instant Trolleys shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Vendor, delivery contractors, or business; (ii) you will not provide a Rating or Review for any Vendor, delivery contractors or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Vendor, delivery contractors or business; and (iv) your Rating or Review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.    PAYMENT TERMS    Payment  Instant Trolleys on behalf of the vendor temporarily receive payments for goods ordered by you on the site through its payment platforms. Instant trolleys then remit these payments to the Vendor. Any successful payment made by you on the site is confirmed payment to the Vendor. Upon successful payment, receipt of a successful payment is issued to you on your account.  Instant Trolleys shall be your first point of contact and shall accept liability for payments made on the site. Such liability is limited to refunds, returns, cancellations and early-stage dispute resolution, and it is without prejudice to any actions that may be taken by Instant Trolleys with Vendors as the sole sellers of the goods ordered by Users. If an order is disputed, Instant Trolleys shall provide the first line of support and shall reimburse the User if this is deemed appropriate.    Refunds.   Users agree to check and confirm orders at point of delivery by Delivery contractors. For perishable food, menus order from restaurants, once the food has been delivered and checked by the user upon delivery, and deemed satisfactory by you, no refunds will apply. Instant Trolleys may grant refunds for goods that are not perishable, in each case in Instant Trolleys’ sole discretion.    DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY  All information, content, materials, products and other services included on or otherwise made available to you through our site are provided by Instant Trolleys on an "as is" and "as available" basis, unless otherwise specified in writing. Instant Trolleys makes no representations or warranties of any kind, express or implied, as to the operation of Instant Trolleys, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through our site, unless otherwise specified in writing. You expressly agree that your use of the site is at your sole risk. Instant Trolleys will not be liable for any damages of any kind arising from the use of the site or app, or from any information, content, materials, products or other services included on or otherwise made available to you through the site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permissible by law, Instant Trolleys disclaims all warranties, express or implied, including, but not limited to, implied warranties of Merchantability and fitness for a particular purpose. Instant Trolleys does not warrant that the site, all information, content, materials, products or other services included on or otherwise made available to you through the site, or electronic communications sent from Instant Trolleys are free of viruses or other harmful components.   INTELLECTUAL PROPERTY OWNERSHIP  Instant Trolleys alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Instant Trolleys. Instant Trolleys names, Instant Trolleys logos, and the product names associated with the Services are trademarks of Instant Trolleys or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.    GOVERNING LAW & DISPUTE RESOLUTION.  This section of this agreement shall be referred to as the “arbitration agreement”. Read the following section carefully. It requires you to arbitrate disputes with instant trolleys and limits the manner in which you can seek relief.   11.1.    Governing Law and Arbitration. This Agreement is governed by and interpreted in accordance with the Laws of Nigeria.  11.2.    Scope of Arbitration Agreement. Any Dispute shall be finally resolved by binding arbitration except claims:   (a) in small claims court, so long as the matter advances only on an individual (non-class, non-representative) basis; and  (b) for injunctive relief arising out of the infringement or other misuse of intellectual property rights (such as a Party’s Marks or Instant Trolleys IP).  Instant Trolleys and User agree that, because both parties mutually benefit from streamlined and confidential resolution, this Arbitration Agreement shall apply to all Disputes and shall be binding upon and enforceable by not only the parties, but also their affiliates, subsidiaries, and their respective owners, officers, directors, managers and employees. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement. Cases have been filed against instant trolleys—and others 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 instant trolleys, 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 instant trolleys in an individual arbitration proceeding.   11.3.   Informal Resolution. You and Instant Trolleys agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and Instant Trolleys therefore agree that, before either you or Instant Trolleys demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference, which shall occur within 30 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Instant Trolleys that you intend to initiate an informal dispute resolution conference, email supportinfo@instanttrolleys.com, providing your name, telephone number associated with your Instant Trolleys account (if any), the email address associated with your Instant Trolleys account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration.   11.4.   Waiver of Class or Consolidated Actions; Severability. You and instant trolleys 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 user cannot be arbitrated or litigated jointly or consolidated with those of any other user or user.   11.5.   Survival. This Arbitration Agreement will survive any termination of your relationship with Instant Trolleys.