Terms & Conditions
TERMS & CONDITIONS
Please read these terms and conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by you on any electronic device, named Botinga, Botinga.com
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for you to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our", “Botinga” In this Agreement) refers to Botinga Fintech International Limited.
Country refers to: Nigeria
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by you to purchase Goods via Botinga.
In-app Purchase refers to the purchase of a product, item or services request through the Application and subject to these Terms and Conditions and/or the individual partner store's own terms and conditions.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application or the Website or both.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party website that may be displayed, included or made available by the Service.
Website refers to Botinga.com, accessible from Botinga.com
YOU: the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
User: individual who register and or request for goods or services on Botinga,
Riders: individuals who request or receive transportation, including those who receive transportation requested by another individual
Service Provider: individuals who render or offer goods or services
Delivery Persons: individuals, who provide delivery services on Botinga individually or through a service provider,
Food Vendor: an individual or company that sells food in the economic production chain,
Restaurant: a business establishment where meals or refreshments may be purchased,
Drivers: individuals, who provide transportation to Riders individually or through partner transportation companies,
Botinga Platform: refer to the botinga website, app or services
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, you may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
YOUR ORDER CANCELLATION RIGHTS
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as you received them. You should also include all the product’s instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them, or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to your specifications or clearly personalized.
The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent, and You have acknowledged Your loss of cancellation right.
AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Return Policy (in accordance to cancellation policy)
FAULTY OR MISSING
- If you have received a perishable item via the Botinga platform that has a fault. Please capture an image of the fault and contact us immediately we won’t be able to consider the item/s refundable if you have had the item for 12 hours or more.
- If you have received an order where one or more items are missing. Please contact us immediately with the order number letting us know the items which are missing. Once we have investigated this you can receive the refund immediately, but it can take 14 days to get your money back.
- If you have received a faulty item via Botinga please capture an image and contact us immediately we won’t be able to consider the item/s refundable if you have had the item for 24 hours or more
- If you have received an order where one or more items are missing, please contact us immediately. Please be sure to thoroughly check your order when received and contact us as soon as possible within the above timeframes.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, Bank Transfer for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.
The Application may include In-app Purchases that allow you to buy products, services.
More information about how you may be able to manage In-app Purchases using your Device may be set out in the Application Store's own terms and conditions or in your Device's Help settings.
In-app Purchases can only be consumed within the Application. If you make an In-app Purchase, that In-app Purchase cannot be cancelled after you have initiated its download. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred.
If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified to the fault by You, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-app Purchase or issue you with a patch to repair the fault. In no event will we charge you to replace or repair the In-app Purchase. In the unlikely event that we are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, we will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Application Store directly.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store's own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
The Services (inclusive of the apps) are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 18, you are not permitted to register with Botinga or provide your personal information to Botinga.
Every service provider on Botinga, shall be a person of not less than the age of 21 years old as stipulated in the regulatory laws. If you are under the age of 21, you are not permitted to register as a service provider on Botinga or provide your personal information to Botinga.
Usage Rules and Limitations
You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. For clarity, you may not use any technology or technique that obscures or disguises your location when you are accessing the Services. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, record, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or transmit or retransmit the Content offered by a service provider unless expressly permitted by term of such provider, the or otherwise by Botinga in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Botinga in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Botinga. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless expressly permitted by Botinga in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
We want you to have the best experience with our Services, including the ability to easily discover and enjoy services and their service provider on the Botinga Platform. To help do that, Content you view across all Services may include promotional videos (e.g., previews or trailers) before and after that Content. Please note that Content you view (e.g., legal and medical Opinion and other professional opinion) offered on the Botinga Platform must be verified before relied upon by users). For those who are susceptible to photosensitive epilepsy or other photo sensitivities, it’s also important to remember that some Content may contain flashing lights sequences or patterns.
OWNERSHIP AND LICENSE
Botinga owns and retains all rights to the Services, and the Content is owned or controlled by Botinga and Botinga's content programmers. The Services and the Content are also protected by copyright, trademark, and other intellectual property laws. That said, Botinga is pleased to grant you a non-exclusive limited license to use the Services, The Services may include different Content offerings, features, and usage rules, which will be explained to you during your sign-up or in other materials made available to you.
Botinga offers the option to personalize use of the Services through the creation of one or more profiles under one account. Only the account holder, and those with permission from the account holder, may create a profile. The account holder may access profile details and delete or otherwise modify profiles associated with the account.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When you create an account with Us, You must provide us 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.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
YOUR FEEDBACK TO US
You assign all rights; title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
USAGE AND TERMINATION
We expect that you use Botinga Platform in good faith and be respectful of all the service providers who offer their services through Botinga Platform. Botinga retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e., withholding payment for the provision of the service rendered to you, fraud, being disrespectful towards the Service provider, etc. In these cases, your Botinga account may be revoked without prior notice.
Botinga will make every effort to ensure that only drivers, store owner, dispatch rider and all service provider who have integrity and are respectful of their profession and Users, use the Botinga Platform. However, we are in no position to guarantee that every Service provider, Store owner, dispatch rider, driver of transport services, located on or by the Botinga Platform, always satisfies the aforementioned criteria. If you experience objectionable service, please notify Botinga customer support via app chat or email so we can investigate the case, if necessary, we may terminate such providers access to the platform.
Botinga is a multiple on demand service platform for individuals or business entity to offer their goods and service to their end users. Therefore, we shall not be responsible for anyone’s action, inaction or misconduct. If a service provider or user do not behave well, you shall report such service provider or user and we will try to investigate the issue. We May also restrict such provider or user on our platform or terminate their account after looking into the case. For this reason, we advise that you should always visit providers profile and look at other user’s comments and rate before booking service from such service provider. Also, service provider should look at user profile and rating and choose to accept or decline order from such user. We will resolve dispute according to this terms and condition however we will not be Liable for anyone action
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate Your Account, you may simply discontinue using the Service.
As a multiple on demand service platform between service provider, driver, store owners and users, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of good and services. As the usage of Botinga for requesting good and services depends on the behaviour of the service providers, store owners and drivers, Botinga does not guarantee that you will always have offers available for the provision of the good and services.
For Riders, we advise that you keep your items with you and always remember, do not forget any of your items in a driver’s vehicle at all times. If you lost or forgot an items in the vehicle, the fastest way is to contact the driver directly if you have his/her contact. In case you do not have the driver’s contact, kindly get in touch with our customers support team and we will try to locate the items for you. However, we do not guarantee recovery of such item and Botinga will not be liable for lost items.
The consumer’s right of refund is not applied to Botinga ride orders. Requesting a refund from the transport service does not withdraw you from the agreement during which the provision of the transport service was ordered
USER CONCENT AND WARRANTIES
For anyone who uses the botinga platform as a service provider, store owner, driver, delivery person, dispatch rider, rider or any business entity or By access the botinga platform, you consent, agree and warrant that:
- You have the legal capacity and you agree to comply with the Terms;
- If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;
- You are above 18 years of age;
- You will or have provided true, accurate, and complete information in your Account;
- You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
- You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by the third parties.
- You will notify the Administrator of any unauthorized access to your Account.
- You will not provide any false or misleading information about your identity or location in your Account;
- You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines.
- You will not use the Service for any illegal or unauthorized purpose.
- You will not post, sale on the Platform or offer service of Prohibited items by law of the country.
- You will not use botinga platform to steal, harm, fight, kill, kidnap, or jeopardies any life.
- You will not post on the Platform that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
- You will not post on the Platform announcements that include:
- false, misleading or deceptive statements.
- personal or identifying information about minors or other persons without the proper consent.
- pornographic, overtly sexual materials.
- You will not use botinga platform to cause religion or political havoc.
- depictions that encourage illegal or reckless use of weapons and dangerous objects or facilitate the purchase of firearms or ammunition.
- defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language.
- advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts.
- appeals to violence and unlawful actions.
- offers of prostitution or other services contradicting moral or legal norms.
- You will not harass anyone sexually.
- services, provision of which is prohibited by the applicable law.
- information of solely promotional nature with no offers of specific goods or services.
- counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and
- direct or indirect references to any other web sites, references, or information about websites competing with the Platform.
- You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform.
- You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform.
- You will not copy, modify, distribute any other User Content without consent of the respective user.
- You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person.
- You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware.
- You have a legal title to the items offered for sale in your announcement; and
- You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise, and distribute goods and services described in your profiles
You agree to indemnify and hold the Botinga, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Platform; (2) your User Content; (3) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (4) your violation of any applicable law, industry-standard, regulation, guideline, rule; (5) any transaction entered into by you via the Platform or your violation of terms of such transaction. Botinga reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
LIMITATION OF LIABILITY
In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any direct, consequential, exemplary, incidental, special or punitive damages arising from these terms and condition agreement or use of, or inability to use, the service, or Third Party ADS, even if we have been advices of the possibility of such damages. Access to, and use of, the service, and Third-Party ADS are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Service or NGN37, 000.00 (Thirty Seven Thousand Naira Only) if you haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.
If you are a Nigerian customer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
SEVERABILITY AND WAIVER
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us: email@example.com