1. Introduction
By using the Dilivar platform (“Platform”), you agree to be bound by these Customer’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.
In order to use the Dilivar app, you must agree to the terms and conditions that are set out below.
1.1 Platform Overview
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.
1.2 Contracts and Mediation
Dispatch riders enter into contracts for the provision of logistics services with Customers, and Dilivar is not responsible for the execution of these contracts. Any issues related to consumer rights, legal obligations, or other matters arising from the provision of logistics services will be resolved between the Customers and dispatch riders with mediation from Dilivar.
1.3 Mobile Number
During the installation of the Dilivar app, the customer’s mobile number is linked to the respective Dilivar Customer account and added to our database. If you are no longer using your mobile number, you must change/notify Dilivar immediately so we can anonymize your account data. If you do not notify us about any change to your mobile number, your mobile operator may issue the same mobile number to a new person who, when using the Dilivar app, may have access to your data.
2. Use of the Dilivar Platform
2.1 Placing Delivery Requests
As a Dilivar customer, you may place delivery requests through the Dilivar app. You are encouraged to provide accurate and complete information to ensure smooth order processing.
2.2 Payment Policy
Customers are required to make payments for delivery services exclusively through the Dilivar in-app payment system. Negotiations or offering cash payments to drivers are strictly prohibited.
2.3 Violation of Payment Policy
Customers found violating the payment policy by making negotiations or offering cash payments to drivers may have their delivery voided, and their access to the Dilivar app may be temporarily or permanently suspended.
2.4 Payment and Charges
2.4.1 Payment
Customers are required to make all payments for delivery services exclusively through the provided in-app payment option. Any payment made outside the Platform’s in-app payment system is considered unauthorised and will void any contract or agreement binding Dilivar with the Customer.
2.4.2 Charges
Delivery Charges will be inclusive of applicable taxes such as VAT where required by law, service charge or processing fee and any other charge that may result from the use of third-party payment providers. If you wish, you may also choose to pay a Tip to the driver directly or via the use of Dilivar in-App Payment. We may limit the maximum value of a Tip at our sole discretion.
2.4.3 Payment Authorization
By providing Dilivar in-App Payment service, Delivery acts as a commercial agent for the providers of the Logistics services. Every Driver/Rider has authorised Dilivar as their commercial agent for the mediation of the conclusion of contracts between the Driver/Rider and the customer, including the power to accept payments from the Customer and to forward the payments to the driver/rider. Your obligation to the provider of the logistics service will be fulfilled when the payment order is made using the provided payment options. You, as a passenger, are responsible for ensuring that the payment takes place and ensuring.
2.5 Secure Delivery
2.5.1 Code Generation
Upon the successful completion of in-app payment, customers will receive a Delivery Confirmation QR code or numeric code within the Dilivar app.
2.5.2 Code Presentation
Customers are required to present either the Delivery Confirmation QR code or numeric code to the assigned dispatch rider at the time of delivery.
2.5.3 Code Verification
Dispatch riders are responsible for verifying the provided Delivery Confirmation code with the customer to ensure accurate and secure delivery confirmation.
2.5.4 Role of Codes
Delivery Confirmation codes serve as proof of successful payment and are integral to the completion of the delivery process. These codes enhance security and provide a reliable means of confirming deliveries.
3. Delivery Cancellation Policy
3.1 Cancellation Before Pickup Confirmation
Customers are allowed to cancel a delivery process only before the pickup has been confirmed by the assigned dispatch rider within the Dilivar app. If the pickup confirmation has not been received, Customers can initiate a cancellation through the app.
3.2 Cancellation After Pickup Confirmation
Once the pickup confirmation has been received from the dispatch rider within the app, cancellations for that delivery are not permitted. This policy ensures that the dispatch rider is already on the way to complete the delivery process.
4. Refund Policy
4.1 Refunds for Cancellations
Refunds for cancellations made in accordance with Section 5.1 of these Terms and Conditions will be credited to the customer’s in-app wallet.
4.2 In-App Wallet
The refunded amount will be credited directly to the customer’s in-app wallet with immediate effect except for situations where there is a malfunctionality as a result of Software instability or bugs.
4.3 Use of Refunded Amount
The amount credited to the customer’s in-app wallet can be used for subsequent delivery requests within the Dilivar app. It is not transferable to external accounts or payment methods.
4.4 Disputes
If a customer believes that a refund has not been credited as expected or if there are any discrepancies, the customer can reach out to Dilivar’s support team for resolution.
4.5 Resolution
Dilivar’s support team will investigate the issue and provide a resolution within a reasonable timeframe. The decision of Dilivar’s support team regarding refund-related disputes will be final.
5. Liability for Cancellations
5.1 Impact of Cancellations
Cancellations that adhere to the above policy will have no impact on the Customer’s account status or the delivery history. However, cancellations after pickup confirmation may result in the full charge for the delivery.
5.2 Communication
It is the responsibility of the Customer to communicate any cancellations promptly and accurately through the Dilivar app and to the rider/driver.
6. Liability
6.1 Service Fulfilment
Dilivar acts as an intermediary connecting Customers with dispatch riders. Any contractual arrangements for delivery services are directly between the Customer and the dispatch rider. Dilivar is not responsible for the fulfilment of these contracts.
6.1.1 Rider Verification
Dilivar takes rider verification seriously to ensure the safety and security of our customers’ packages. All riders signing up on the Dilivar rider app undergo a thorough verification process.
6.1.2 Identity Verification
As part of the verification process, riders are required to provide valid identification documents and personal information to confirm their identity.
6.1.3 Background Checks
We conduct background checks on riders to validate their suitability for providing delivery services through the Dilivar platform.
6.1.4 Safety Standards
Our verification process is designed to maintain the highest safety standards and provide customers with peace of mind when using our services.
6.2 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.
6.3 App Availability
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, but keep in mind that the functioning of the app may be restricted due to occasional technical errors, and we are not able to guarantee that the app will function at all times. For example, a public emergency may result in a service interruption.
6.4 Limitation of Liability
Dilivar, its representatives, directors, 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:
Any direct or indirect property damage or monetary loss.
Loss of profit.
Loss of business, contracts, contacts, goodwill, reputation, and any loss that may arise from the interruption of the business.
Loss or inaccuracy of data.
Any other type of loss or damage.
7. 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 app (including the delivery services you request through your use of the Dilivar app).
8. Termination
Dilivar may immediately end your use of the Dilivar app if you breach these General Terms and Conditions or if we consider it necessary to protect the integrity of Dilivar or the safety of drivers.
9. Reporting Issues and Support
9.1 Reporting Within the App
Customers have the option to report issues related to a completed delivery process directly within the Dilivar app. This feature is available upon the completion of a delivery.
9.2 Non-Completed Deliveries
For delivery requests that were not completed or were cancelled after pickup confirmation, customers are encouraged to reach out to Dilivar’s customer support for issue resolution.
9.3 Customer Support Channels
Customers can contact Dilivar’s customer support through our official support channels which can be found on our websites at www.dilivar.com or www.dilivar.com/en/support.
10. Issue Resolution
10.1 Response Time
Dilivar’s customer support team will make reasonable efforts to respond to reported issues within a timely manner.
10.2 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.
10.3 Feedback and Improvement
Feedback from customers regarding issues or challenges faced during delivery processes is valuable for enhancing the overall user experience. Dilivar appreciates customers’ input to improve its services.
11. Good Practice using the Dilivar app
11.1 Feedback System
Dilivar’s platform includes a feedback and rating system that allows customers to provide their opinions about their delivery experiences.
11.2 Quality Assurance
Customer feedback and ratings play a vital role in maintaining service quality and assisting in making informed decisions about rider performance.
11.3 Responsive Action
Any concerns raised by customers about rider behaviour, professionalism, or delivery conduct will be taken seriously, and appropriate action will be taken.
12. Amendments to the General Terms and Conditions
If any substantial amendments are made to the General Terms and Conditions, you will be notified by e-mail 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.
