General Terms and Conditions of Use and Contracting
1. Introduction
These General Terms and Conditions of Use and Contracting (hereinafter, the "Terms") regulate the use of the PickAngle platform (the "Platform"), including the mobile application and website, provided by PickAngle ("PickAngle" or "we"), with registered office at Plot 4 Ikono Street, Uyo, Akwa Ibom State, Nigeria.
By using the Platform, users ("Users" or "you") accept these Terms, which form a binding contract. Users include customers placing orders ("Customers") and independent couriers providing delivery services ("Couriers").
These Terms apply alongside any specific policies, such as the Prohibited Items Policy and Privacy Policy. PickAngle may update these Terms; continued use constitutes acceptance. In compliance with the Federal Competition and Consumer Protection Act 2018 (FCCPA), we will notify Users of material changes via email or in-app notifications at least 30 days in advance, allowing Users to terminate if they disagree.
These Terms comply with Nigerian laws, including the Courier and Logistics Services (Operations) Regulations 2020 (NIPOST Regulations), ensuring efficient, licensed operations and consumer protection.
2. User Obligations
For Customers:
You must be at least 18 years old and have the legal capacity to contract under Nigerian law.
Provide accurate information for registration (name, email, phone, payment details).
Place orders only for permitted goods/services; prohibited items include illegal substances, firearms, explosives, or any items contravening Nigerian Customs and Excise Management Act or NIPOST Regulations (see Prohibited Items Policy for full list).
Pay for orders, including delivery fees, taxes, and tips.
Comply with merchant terms for products purchased.
Do not misuse the Platform (e.g., fraud, harassment). In line with FCCPA, Users have rights to fair dealing and redress for defective services.
For Couriers:
You declare legal capacity and age (18+).
Provide valid documents: National ID, driver's license, vehicle registration, insurance, and proof of NIPOST/Federal Road Safety Corps (FRSC) compliance.
Deliver orders safely and on time, following Nigerian road traffic laws (e.g., FRSC Act) and wearing safety gear.
Accept or reject orders via the app; no obligation to accept all, as Couriers are independent contractors under the Nigerian Labour Act (not employees).
Report incidents (e.g., accidents, damages) promptly to PickAngle and relevant authorities (e.g., police, FRSC).
Maintain vehicle in good condition; adhere to environmental and safety standards.
Users shall refrain from illegal use or actions harming third parties, PickAngle, or the Platform. Violations may lead to account suspension and reporting to authorities, per NIPOST Regulations.
3. Services Provided
PickAngle acts as an intermediary connecting Customers, merchants, and Couriers for on-demand delivery of goods/services, licensed under NIPOST Regulations.
Order Process: Customers select products from merchants via the app; PickAngle facilitates payment and assigns Couriers.
Delivery: Couriers pick up and deliver; estimated times are non-binding but aim for efficiency per NIPOST standards.
Fees: Delivery fees vary by distance/time; promotions may apply. Customers pay upfront; Couriers receive payouts minus PickAngle's commission ("Fee"). All fees are transparent per FCCPA.
Promotions: PickAngle may offer discounts or reduced Fees under merchant agreements.
Refunds and Complaints: In compliance with FCCPA, refunds for defective goods/services or failed deliveries are processed within 14 days. Contact support@pickangle.com for redress.
PickAngle does not guarantee availability, quality of goods, or delivery times but ensures reasonable efforts. Services may vary by location. As per NIPOST Regulations, PickAngle contributes 2% of annual revenue to the Postal Fund to support sector development.
4. Intellectual Property
All Platform content (logos, software, designs) is owned by PickAngle or licensors. Users are granted a limited, non-exclusive license to use for personal purposes. No reproduction, distribution, or commercial use without permission. Violations may lead to termination and legal action under Nigerian Copyright Act 2022.
5. Liability
PickAngle is not liable for merchant products, Courier actions, or third-party services, except for gross negligence or willful misconduct, as limited by Nigerian contract and tort laws.
Liability limited to direct damages; indirect/consequential damages excluded to the extent permitted by law (e.g., FCCPA prohibits unfair exclusions).
For Couriers: PickAngle provides accident insurance (details in app); Couriers liable for negligence, with indemnity under Labour Act.
Maximum liability: Amount paid by User in last 12 months.
Force majeure (e.g., strikes, disasters, government restrictions) excuses performance, per Nigerian common law.
Users indemnify PickAngle against claims from misuse. PickAngle maintains public liability insurance as required by NIPOST.
6. Termination
PickAngle may suspend/terminate accounts for breaches (e.g., fraud, prohibited items), with notice where feasible per FCCPA.
Users may delete accounts via app settings.
Upon termination, outstanding payments due; accrued rights survive. Couriers entitled to final payouts minus deductions.
7. Data Protection
Personal data processed per PickAngle's Privacy Policy (see pickangle.com/legal/privacy). For international transfers, safeguards comply with NDPA (e.g., explicit consent or NDPC-approved mechanisms).
8. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Federal Republic of Nigeria.
Disputes shall be resolved amicably through a multi-tiered process:
Negotiation: Parties attempt resolution within 14 days.
Mediation: If unresolved, mediation under the Arbitration and Mediation Act 2023.
Arbitration: If mediation fails, binding arbitration in the State of operation under the State's Court of Arbitration rules, with one arbitrator.
Litigation: If arbitration not elected, exclusive jurisdiction in the courts of the State, in Nigeria.
For consumer disputes, Users may approach the Federal Competition and Consumer Protection Commission (FCCPC) or Small Claims Courts for accessible redress, per FCCPA. No class actions; disputes resolved individually.
Additional Notes on Courier-Specific Terms
(Adapted for PickAngle's couriers; separate agreement upon registration)
Contract Formation: Couriers enter independent contractor agreement upon registration, compliant with Labour Act.
Fee Structure: PickAngle pays per delivery minus commission; payments weekly via bank transfer, with tax deductions per Nigerian tax laws.
Insurance: PickAngle provides coverage for accidents/damages during deliveries (limits apply); Couriers must have personal vehicle insurance.
Non-Compete: No exclusivity; Couriers may use other platforms.
Termination: 30 days' notice; immediate for serious breaches (e.g., safety violations).
Data Processing: Personal data (e.g., location) processed for service optimization; complies with NDPA.