Terms and Conditions for Logistics Companies (Nigeria)
1. Introduction
By using the Dilivar platform (“Platform”) and registering as a Logistics Company/Provider, you agree to be bound by these Business’s Terms and Conditions (“Terms’‘). If you do not agree to these terms, you may not use the platform.
The term “us” or “we” refers to Dilivar Labs and Systems LTD, a private limited company incorporated and registered under the laws of the Federal Republic of Nigeria with registration number 6913962, registered office Suite 37a Lebrex Plaza, Utako Abuja, F.C.T Nigeria.
1.1 Platform Description:
Dilivar operates as a Platform-as-a-Service (PaaS) software through its app, facilitating the connection between users requesting logistics services (referred to as ‘Customers’) and dispatch riders. It is important to note that Dilivar itself does not directly provide the logistics services. Instead, independent dispatch riders, who may operate individually or through companies, offer these services as economic and professional service providers under agreements with you.
2. Company Registration and Responsibilities
2.1 Eligibility and Legal Requirements
To use the Dilivar platform as a delivery company, you must be a legally registered business with all appropriate regulatory bodies (e.g. the Corporate Affairs Commission (CAC), NIPOST, etc) and comply with all applicable laws and regulations in your jurisdiction. Your company is responsible for meeting any necessary requirements to operate as a business.
2.2 Driver KYC (Know Your Customer)
As a delivery company, you are responsible for conducting a thorough Know Your Customer (KYC) process for your drivers. This includes verifying their identity, qualifications, and suitability to provide delivery services.
2.3 Liability and Driver Compliance with Terms
Logistics companies are fully liable and responsible for the actions and conduct of their drivers while using the Dilivar platform. It is your responsibility to guide your drivers in understanding the “Dilivar’s Drivers’ Terms and Conditions,” which can be found at the Driver Terms and Conditions URL, and ensure their adherence.
2.4 Communication
Logistics companies should communicate the relevant sections of Dilivar’s Drivers’ Terms and Conditions to their drivers and ensure their understanding and adherence.
3. Revenue Sharing Structure
3.1 Dilivar Commission Structure
Dilivar collects a 5% commission fee of the total delivery cost per delivery. This 5% commission is calculated and deducted after a 7.5% value-added tax (VAT) is calculated and deducted from the delivery cost in accordance with government regulations.
3.3 Commission Changes
Dilivar reserves the right to modify the commission structure. In such cases, Dilivar will inform delivery companies through appropriate channels about any changes to the commission structure.
3.4 Company Driver’s Payment Structure
Logistics companies reserve the right to decide how their drivers are paid. The Dilivar platform provides an optional feature on your company’s dashboard that allows you to set a percentage of your business due commission and specify how much of it goes to the driver’s wallet. When this feature is not set, the total commission goes to your business wallet and your driver shall not be paid by Dilivar.” For example, “If this feature is not set, the total commission will be retained in your business wallet, and your drivers will not receive payment through the Dilivar platform. In such cases, settlements with drivers should be made based on mutually agreed arrangements outside the Dilivar platform.
4. Issues and Support
4.1 Support Channels
Companies can contact Dilivar’s customer support through our official support channels, which can be found on our websites at Dilivar Website or Support, or provided within your dashboard.
4.2 Payment Issues
Companies have the right to report issues related to a completed delivery process whose payment was not made to their wallet.
4.3 Issue Resolution
4.3.1 Response Time
Dilivar’s customer support team will make reasonable efforts to respond to reported issues in a timely manner.
4.3.2 Resolution Process
Upon receiving a report of an issue, Dilivar’s customer support team will investigate the matter and provide an appropriate resolution based on the circumstances.
5. Feedback and Improvement
Feedback from our companies and drivers regarding issues or challenges faced during delivery processes is valuable for enhancing the overall user experience. Dilivar appreciates company input to improve its services.
6. Termination
6.1 Voluntary Termination
You may terminate your agreement with Dilivar at any time by ceasing to use the Dilivar platform and notifying us in writing.
6.2 Dilivar’s Right to Terminate
Dilivar may terminate your access to the platform at its discretion if you violate these Terms, engage in misconduct, or pose a safety risk to customers or other road users.
7. Data Privacy
7.1 Data Collection
Dilivar collects and uses personal and company information in accordance with its Privacy Policy, which may be found on our website at Privacy Policy.
8. Liability
8.1 Service Fulfilment
Dilivar acts as an intermediary connecting Customers with logistics providers (Dispatch Riders). Any contractual arrangements for delivery services are directly between the Customer and the dispatch rider. Dilivar is not responsible for the fulfillment of these contracts.
8.2 Safety Standards
Our verification process is designed to maintain the highest safety standards to provide customers with peace of mind when using our services.
8.3 Disputes
Any disputes arising from consumer rights, legal obligations, or any issues related to delivery services must be resolved directly between the Customer and the dispatch rider. Dilivar is not responsible for mediating or resolving such disputes.
8.4 App Functionality
The Dilivar app is provided on an “as is’’ and “as available” basis. Dilivar does not represent, warrant, or guarantee that access to the Dilivar app will be uninterrupted or error-free. In case of any faults in the software, we will endeavour to correct them as soon as possible. However, keep in mind that the functioning of the app may be restricted due to occasional technical errors, and we cannot guarantee that the app will function at all times.
8.5 Limitation of Liability
Dilivar, its representatives, directors, partners and employees are not liable for any loss or damage that you may incur as a result of using the Dilivar app, including but not limited to:
8.5.1. Any direct or indirect property damage or monetary loss.
8.5.2. Loss of profit.
8.5.3. Loss of business, contracts and any loss that may arise from interruption of the business.
8.5.4. Loss or inaccuracy of data.
8.5.5. Any other type of loss or damage.
9 Indemnification:
You agree to fully indemnify and hold Dilivar Labs and Systems Ltd, their affiliate companies, representatives, employees, and directors harmless from any claims or losses (including liabilities, damages, costs, and expenses of any nature) that they suffer as a result of your use of the Dilivar Platform (including the services you provide through your use of the Dilivar app).
Dilivar may immediately end your use of the Dilivar platform if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Dilivar or the safety of its customers.
10. Good Practice Using the Dilivar App
10.1 Feedback System
Dilivar’s platform includes a feedback and rating system that allows customers, drivers, and companies to provide their opinions about their delivery experiences.
10.2 Quality Assurance
Customers’ feedback and ratings play a vital role in maintaining service quality and assisting in making informed decisions about riders’ performance.
11. Amendments to the General Terms and Conditions
If any substantial amendments are made to the General Terms and Conditions, then you will be notified by email or Dilivar app notifications. If you continue using the Dilivar app, you will be deemed to accept the amendments.
12. Final Provisions
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of the Federal Republic of Nigeria. If the respective dispute resulting from General Terms or Agreement could not be settled by negotiations, then the dispute shall be resolved in any Nigerian legal institution as provided by the constitution of the Country. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.
Date of entry into force: 01.09.2023.
