PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LOMBAZ Swift Ltd (“LOMBAZ,” “WE,” “US,” OR “OUR”).
The Company provides an online marketplace connection, using web-based technology that connects you and other consumers and/or other businesses and independent deliverers (“Deliverers”). The Company’s software permits users to place delivery orders for consignments and other goods from various individuals and businesses. Once such orders are made, the Company’s software notifies deliverers that a delivery opportunity is available and the software facilitates completion of the delivery to the user.
If you access the website located at https://www.lombaz.com install or use Lombaz’s mobile application, install or use any other software supplied by LOMBAZ, or access any information, function, or service available or enabled by LOMBAZ (each, a “Service” and collectively, the “Services”), or complete the LOMBAZ account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) have read, understand, and agree to be bound by this Agreement;
(b) are of legal age in the jurisdiction in which you reside to form a binding contract with LOMBAZ (the “Minimum Age”); and
(c) have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use LOMBAZ’s Services.
Subject to Section 12(h) of this Agreement, LOMBAZ reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
By using the Services, you agree that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, LOMBAZ employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by LOMBAZ.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance or inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user or Deliverer, unless LOMBAZ has given you prior permission to do so in writing.
(g) You will not copy or distribute the Software or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, non-commercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any LOMBAZ server, or the networks connected to any LOMBAZ server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any LOMBAZ server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures LOMBAZ may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep-link to the LOMBAZ website or access the LOMBAZ website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the LOMBAZ website or any content on the LOMBAZ website.
(p) You will not conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, LOMBAZ, or the Services in any way whatsoever.
(r) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(s) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.
(t) You will not attempt to undertake any of the foregoing.
You understand and agree that LOMBAZ provides a technology platform connecting you with independent deliverer and others that provide the independent third-party deliverers who provide delivery services (“Deliverers”). You acknowledge and agree that LOMBAZ does not itself offer delivery services, but connect users who want to send or receive consignment to independent delivery. LOMBAZ is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. LOMBAZ provides a technology platform connect the transmission of delivery orders by Users to Merchants for pickup or delivery by deliverer. LOMBAZ will not assess or guarantee the suitability, legality or ability of any Merchant. You agree that LOMBAZ is not responsible for the Merchants’ product preparation or the safety of the consignment and does not verify Merchants’ compliance with applicable laws or regulations.
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify LOMBAZ immediately. LOMBAZ will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by LOMBAZ or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or LOMBAZ has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, LOMBAZ has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by LOMBAZ, or if you have been previously banned from use of the Services.
(a) User Content. LOMBAZ may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User and deliverer Content that you submit, post and/or otherwise transmit through the Services. You hereby grant LOMBAZ a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User and deliverer Content in connection with LOMBAZ’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant LOMBAZ a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute Deliverer and User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users and deliverers to access and use your User and deliverer Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to LOMBAZ herein shall survive termination of the Services or your account. LOMBAZ reserves the right in its sole discretion to remove or disable access to any User and Deliverer Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User and Deliverer Content that violates this Agreement or we consider to be objectionable for any reason. You agree that LOMBAZ may monitor and/or delete your User and Deliverer Content (but does not assume the obligation) for any reason in LOMBAZ’s sole discretion. LOMBAZ may also access, read, preserve, and disclose any information as LOMBAZ reasonably believes is necessary to
(i) satisfy any applicable law, regulation, legal process, or governmental request,
(ii) enforce this Agreement, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security, or technical issues,
(iv) respond to User support requests, or
(v) protect the rights, property or safety of LOMBAZ, its users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to LOMBAZ through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that LOMBAZ has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to LOMBAZ a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Deliverers or other activities (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by LOMBAZ and do not represent the views of LOMBAZ or its affiliates. LOMBAZ shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that:
(i) you will base any Rating or Review on first-hand experience with the Delivery or services;
(ii) you will not provide a Rating or Review for any deliverer or user for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors;
(iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a deliverer or user; and
(iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User and Deliverer Content without notice.
By creating a LOMBAZ account, you electronically agree to accept and receive communications from LOMBAZ, Deliverers, or third parties providing services to LOMBAZ including via email, text message, calls, and push notifications to the cellular telephone number you provided to LOMBAZ. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of LOMBAZ, its affiliated companies and/or Deliverer, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the Settings in your account. You may also opt-out of receiving text messages from LOMBAZ by replying “STOP” from the mobile device receiving the messages.
By creating a LOMBAZ account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing LOMBAZ at firstname.lastname@example.org with “Revoke Electronic Consent” in the subject line.
To view and retain a copy of this disclosure, you will need
(i) a device (such as a computer or mobile phone) with a web browser and Internet access and
(ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email LOMBAZ at email@example.com with contact information and the address for delivery.
LOMBAZ alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by LOMBAZ. LOMBAZ name, LOMBAZ logo, and the product names associated with the Software and Services are trademarks of LOMBAZ or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.
(a) Prices. You understand that: (a) the prices for delivery items displayed through the deliverer may differ from the prices offered or published by users for the same delivery items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the delivery items are delivered; (b) LOMBAZ has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) LOMBAZ reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on LOMBAZ’s income). Payment will be processed by LOMBAZ, using the preferred payment method designated in your account.
(b) No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. LOMBAZ has no obligation to provide refunds or credits, but may grant them, in each case in LOMBAZ’s sole discretion.
(c) Fees for Services. LOMBAZ may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees, Service Fees, Small Order Fees, and Surge Fees.
(d) Referral Program. LOMBAZ’s Referral Program Terms and Conditions are available at https://www.lombaz.com/referral (“Referral Program”). Under the Referral Program, LOMBAZ offers its registered Users in good standing the opportunity to earn gratuitous LOMBAZ credits as promotional rewards by inviting their eligible friends to register as new LOMBAZ Users and place their initial delivery order through the Service by using a unique referral ID link (“Personal Link”). For each Qualified Referral (as defined in the Referral Program) generated through a User’s Personal Link, the User may receive a gratuitous credit as specified on LOMBAZ’s Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a user and deliverer of our Services, to any advertising or marketing communications regarding the LOMBAZ Services, to any products or service delivery or distributed through the Services that you received as a consumer of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) You or the LOMBAZ may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
CASES HAVE BEEN FILED AGAINST THE COMPANY—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
(a) Third-Party Websites, Applications and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites & Advertisements”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Advertisement, LOMBAZ will not warn you that you have left LOMBAZ’s Website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of LOMBAZ. LOMBAZ is not responsible for any Third-Party Websites, Third-Party Applications or any Third-Party Advertisements. LOMBAZ does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
(b) App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and LOMBAZ and not with the App Store. LOMBAZ, not the App Store, is solely responsible for the Software and the Services, including the Application and the Services, the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application or the Services. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Application.
You may have the option to request delivery of alcohol products in some locations and from certain Users. If you receive your delivery in the Nigeria, you agree that you will only order alcohol products if you are 18 years of age or older. If you receive your delivery in another country, you agree that you will only order delivery of alcohol products if you are of legal age to purchase alcohol products in the relevant jurisdiction. You also agree that, upon delivery of alcohol products, you will provide valid government-issued identification proving your age to the Deliverer delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. If you order alcohol products, you understand and acknowledge that neither LOMBAZ nor the Deliverer can accept your order of alcohol products, and the order will only be delivered if the deliverer accepts your order. The Deliverer reserves the right to refuse delivery if you are not 18 years of older, if you cannot provide a valid government issued ID, if the name on your ID does not match the name on your order, or you are visibly intoxicated. If the Deliverer is unable to complete the delivery of alcohol products for one or more of these reasons, you are subject to a non-refundable N2000 re-stocking fee.
You agree to indemnify and hold harmless LOMBAZ and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defence of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. LOMBAZ reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LOMBAZ in asserting any available defences. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LOMBAZ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. LOMBAZ DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DOORDASH SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
(a) General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 18 to keep the Software and Services simple and efficient, and costs low, for all users.
(b) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW LOMBAZ’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO LOMBAZ IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
(c) Disclaimer of Certain Damages. TO THE FULLEST EXTENT OF LAW LOMBAZ SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY LOMBAZ’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL APPLY TO USERS AND DELIVERERS.
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and LOMBAZ agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Nigeria.
If you violate this Agreement, LOMBAZ may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion, LOMBAZ may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, LOMBAZ reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
It is LOMBAZ’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to LOMBAZ by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of the location on the Services of the material that you claim is infringing;
(d) your address, telephone number and e-mail address;
(e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, LOMBAZ or any third party provider as a result of this Agreement or use of the Software or Services.
(b) Choice of Law. This Agreement is governed by the laws of Nigeria consistent with the Criminal Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
(c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(d) Accessing and Downloading the Application from iTunes. The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):
(1) You acknowledge and agree that (i) the Agreement is concluded between you and LOMBAZ only, and not Apple, and (ii) DoorDash, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LOMBAZ and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LOMBAZ.
(4) You and LOMBAZ acknowledge that, as between LOMBAZ and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5) You and LOMBAZ acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LOMBAZ and Apple, LOMBAZ, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(6) You and LOMBAZ acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
(f) Notice. Where LOMBAZ requires that you provide an e-mail address, you are responsible for providing LOMBAZ with your most current e-mail address. In the event that the last e-mail address you provided to LOMBAZ is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, LOMBAZ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to LOMBAZ through the following web form: https://help.lombaz.com/users/contactsupport. Such notice shall be deemed given on the next business day after such e-mail is actually received by LOMBAZ.
(g) Electronic Communications. For contractual purposes, you (1) consent to receive communications from LOMBAZ in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LOMBAZ provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LOMBAZ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.
(i) Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and LOMBAZ relating to your work as an employee or independent deliverer, including, without limitation, any Independent Deliverer Agreement governing your efforts as a Deliverer.
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