These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the VIZMO app – technology which connects customers with Dispatch Riders to help them pick and deliver goods (parcels or other deliveries) around cities more efficiently at low cost.
The term “us” or “we” refers to the owner of the VIZMO app. A registered company with the Corporate Affairs Commission (BUSINESS NAME REGISTRATION NO. 3288296), whose place of business is at SUITE 10, ESTAN PLAZA, BAYELSA COURT, GADUWA ESTATE, GADUWA – ABUJA.
In order to use VIZMO app you must agree to the terms and conditions that are set out below:
1. USING THE VIZMO APP.
1.1. VIZMO only provides a platform through VIZMO app that enables mediation (rendezvous) of the requests for transportation of parcels etc. services between the customer and Dispatch riders and VIZMO does not provide transport services. Transport services are provided by Dispatch riders under a contract (with you) for the pickup and delivery of parcel(s) of and for customers. The Dispatch Riders provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. VIZMO is not responsible in any way for the fulfilment of the contract entered into between the customer (you) and the Dispatch rider.
Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the customer and Dispatch rider. Data regarding the Dispatch rider and their transport service is available in the VIZMO app and receipts for services are sent to the contact/email address listed in customer’s profile.
1.2. The customer (you) enters into a contract with the Dispatch rider for the provision of transport (dispatch) services via the VIZMO app. Depending on the payment options supported for given location of the dispatch journey, you can choose whether to pay the driver for the transport (dispatch) service in cash or use VIZMO in-App Payment. Payments for VIZMO Special rides are handled by a separate agreement for Special Dispatches. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees for split payments. If you wish, you may also choose to pay a Tip to the Rider directly or via the use of VIZMO in-App Payment. We may limit the maximum value of a Tip at our sole discretion.
1.3 During the installation of VIZMO app, customer’s mobile number is linked to the respective VIZMO user account and added to our database. If you are no longer using your mobile number, you must notify VIZMO within 48hrs to within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using the VIZMO app then may have access to your data.
2. VIZMO IN-APP PAYMENT
2.1. Depending on the payment options supported for the given location of the journey (delivery), You can pay for the transport (dispatch) services with a card, mobile carrier billing or other payment methods (e.g.: using the VIZMO app.) as and when available through VIZMO App. By providing VIZMO in-App Payment service, VIZMO acts as commercial agent for the providers of the transport (dispatch) services. Every dispatch rider has authorized VIZMO as their commercial agent for the mediation of conclusion of contracts between the rider and the customer, including the power to accept payments from the customers and to forward the payments to the rider. Your obligation to the provider of the transport (dispatch) service will be fulfilled when the payment order is given to transfer funds to VIZMO’s bank account. As a customer, you are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
2.2. You may choose to pay a Tip to the rider using the VIZMO app Payment service. The Tip can be paid via the app Payment by means authorized by VIZMO for that purpose. VIZMO will not hold a commission for the brokerage of the Tip and the Tip will be transferred to the rider in full amount, excluding any taxes, if applicable. Note that VIZMO reserves the right to withhold the Tip, if the payment of the Tip is suspected as being fraudulent, illegal, for a purpose other than as a gratuity related to the service provided or used in conflict with VIZMO’s Terms and Conditions
2.3. When making payments by VIZMO’s App Payment, VIZMO receives your payments and forwards money to the rider. VIZMO may ask additional data from you to verify payment method.
2.4. When making payments by VIZMO App Payment for transport (dispatch) services, VIZMO is not responsible for possible third-party payment costs (e.g., mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the VIZMO App Payment. VIZMO is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
2.5. VIZMO will be responsible for the functioning of VIZMO App Payment and provide support in resolving problems. The resolution of disputes related to VIZMO App Payment also takes place through us. For payment support service please contact VIZMO via the contacts provided Inquiries submitted by e-mail or VIZMO App will receive a response within one business day. VIZMO will resolve VIZMO App Payment related complaints and applications within two business days.
2.6. Upfront Fare. You may be offered to use a ride option that allows you to agree to a fixed Fare for a given instance of Dispatch-Transportation service provided by the Rider (i.e., Upfront Fare). Upfront Fare is communicated to you via the VIZMO App before the dispatch ride is requested. Upfront Fare shall not be applied if you change the destination during the ride, the ride takes materially longer than estimated due to traffic or other factors, or when other unexpected circumstances impact the characteristics of the ride materially (e.g., a route is used where tolls apply).
3. ORDERING AND CANCELLING DISPATCH ORDERS.
3.1. If you order a dispatch transport service and the rider has agreed to undertake the work then the transport service is considered to have been ordered.
3.2. Once a rider confirms that he/she will complete your task, you will enter into a separate agreement with the rider for the provision of the task (pick-up or destination) on such terms and conditions as you agree with the rider. VIZMO does not provide dispatch journeys and is not a party to your agreement with the relevant rider.
3.3. Cancelling the use of an ordered dispatch transport service is considered to be the situation where the rider has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.
3.4. If you cancel a dispatch transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g., 2 months). After that period, you could ask to reactivate your account and your application will be reviewed by VIZMO
3.5. When a dispatch rider notifies the customer about his arrival to pick up a parcel or item or his or her arrival at the destination and customer or recipient of the dispatch do not give or receive the dispatch within certain time period as specified in the VIZMO app, the request will be deemed cancelled. Sometimes rider may decide to cancel your request, please note that VIZMO is not responsible for such situations.
3.6. Once the rider arrives and sends you a notification that he/she has arrived the VIZMO app may begin charging fare on a waiting time basis according to the rates specified in the VIZMO app.
3.7. If you have requested dispatch transport services using the VIZMO app and parcel or item caused damage to the rider’s bike or its part of the bike (among else, by blemishing or staining the bike or causing the bike to stink), the rider will have the right to require you to pay a penalty of certain for the cleaning of the bike and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, VIZMO may pursue the claims on behalf of the provider of the dispatch transport service.
4. LICENSE TO USE VIZMO APP.
4.1. As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the VIZMO app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the VIZMO app. In the event that your right to use VIZMO app is cancelled, the corresponding non-exclusive license will also be cancelled.
5. LIABILITY
5.1. As the VIZMO app is an information society service (a means of communication) between customers and riders, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of dispatch transport services. As the usage of VIZMO app for requesting dispatch transport services depends on the behavior of the riders, VIZMO does not guarantee that you will always have offers available for the provision of the dispatch transport services.
5.2. The VIZMO app does not offer or broker dispatch transport services for customers. It is also not a dispatch transport agency service for finding customers or clients for dispatch transport providers. The VIZMO app is used as the means for organizing the provision of dispatch transport services.
5.3. The consumer’s right of refund is not applied to VIZMO app orders. Requesting a refund from the dispatch transport service does not withdraw you from the agreement in the course of which the provision of the dispatch transport service was ordered.
5.4. The VIZMO app is provided on an “as is” and “as available” basis. VIZMO does not represent, warrant or guarantee that access to VIZMO 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 please 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 or network failure may result in a service interruption.
5.5. VIZMO, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using VIZMO app or relying on, the dispatch journey contracted for through the VIZMO app, including but not limited to:
5.5.1. Any direct or indirect property damage or monetary loss;
5.5.2. Loss of profit;
5.5.3. Loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
5.5.4. Loss or inaccuracy of data; and
5.5.5. Any other type of loss or damage.
5.6. The financial liability of VIZMO in connection with breach of the contract will be limited to a value which shall be decided by valuers from VIZMO after investigations and confirmation. You will have the right to claim for damages only if VIZMO has deliberately violated the contract. VIZMO will not be liable for the actions or inactions of the dispatch riders and will not be liable for damages that the rider causes to the parcel or any item.
5.7. You agree to fully indemnify and hold VIZMO, 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 VIZMO app (including the dispatch journeys you obtain through your use of the VIZMO app).
5.8. VIZMO may immediately end your use of the app if you breached these General Terms and Conditions or we consider it necessary to protect the integrity of VIZMO or the safety of riders.
6. GOOD PRACTICE USING THE VIZMO APP.
6.1. As VIZMO is not a provider or broker of the dispatch transport services, any issues with defects or quality of the dispatch transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
6.2. You may kindly to fill out a feedback form in the VIZMO app. This enables us to offer suggestions to the riders for improving the quality of their service.
6.3. We expect that you use VIZMO app in good faith and be respectful of the riders who offer their services through VIZMO app. VIZMO 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 dispatch transport service, fraud, being disrespectful towards the riders, etc. In these cases, your VIZMO app account may be revoked without prior notice.
6.4. VIZMO will make every effort to ensure that only dispatch riders, who have integrity and are respectful of their profession and customers, use the VIZMO app. However, we are in no position to guarantee that every provider of dispatch transport service, located by the VIZMO app, satisfies the aforementioned criteria at all times. If you experience objectionable dispatch transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
7. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS.
7.1. If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or VIZMO app notifications. If you continue using VIZMO app, you will be deemed to accept the amendments.
8. 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 the negotiations, then the dispute will be finally solved in the Abuja Multi-doors Court House or any other ADR Mechanism that accommodate speedy and effective dispute resolution. 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.
Note: Your use of VIZMO app. is an indication you have read, understood and has accepted to be bound by the terms and conditions.
Date of entry into force of the General Terms and Conditions: 01.06.2021.