TERMS AND CONDITIONS

 

Welcome to oyanow.ng website and our applications. This page (together with the documents referred to on it) tells you the terms and conditions on which our partners (service providers for e.g. restaurants) deliver their services (the "Services") listed on our site to you. Please read these terms and conditions carefully before ordering any Service from our site. By accessing our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

 

If you have any questions relating to these terms and conditions please contact  customercare@oyanow.ng before you place an order. If you do not accept these terms and conditions in full please do not use our Service.

 

 

1. PURPOSE

The purpose of OyaNow online platform is to provide a simple and convenient service to you, linking you to our Partner Service Providers, and allow you to select services from the variety offered. OyaNow markets services on behalf of our Partner Service Providers, concludes orders on their behalf and delivers the service to you.

 

2. SERVICE AVAILABILITY

 

1. Services

OyaNow is an online platform through which one can gain access to a variety of services. There are Seven Categories of Services provided on the OyaNow Online Platform. They are:

OyaFood - Order food from a variety of restaurants in Abuja, Nigeria.

OyaNight -Order selected services from the OyaNow platform from 23:00 hrs till 2:00 hrs

OyaPick&Drop - Order for products to be picked from and dropped at locations of your choice.

OyaMart - Order for groceries from selected Grocery and Convenience store.

OyaHome - Order for home cleaning and maintenance services from selected service provider.

OyaMed - Order for pharmaceutical products and medical services from selected pharmacies and clinics in Abuja.

OyaGlam - Order for beauty & health products; and book appointments for massages, pedicures, manicures etc. directly with selected beauty spas and clinics in Abuja.

2. Location of Availability

OyaNow offers an ordering and delivery service from our Partner Service Providers to Five major locations in Abuja. The locations are:

 

·          Central Business District

·          Garki 1

·          Garki 2

·          Asokoro

·          Asokoro Extension

·          Wuse

·          Wuse 2

·          Maitama

·          Gwarimpa

·          Utako

·          Jabi

·          Life Camp

·          Kado

·          Katampe

·          Katampe Extension

·          Dawaki

·          Wuye

Exceptions : The above locations are available for all categories of services, except for OyaNight. OyaNight is only available to the following locations:

 

·          Wuse

·          Wuse 2

·          Maitama

·          Jabi

·          Life Camp

3. ORDER PROCESS

 

1. Confirmation

When you place an order through our Service, you will receive a text message via your telephone service providers confirming the order. The text message will contain information regarding your order, order number, the driver’s name and phone number who is designated to deliver your order and an unique code. The unique code is what you will be required to present to the driver at the point of delivery. This is to ensure your order is not delivered to anyone without access to the code. Note that OyaNow cannot be held liable for any misplacements of the delivery at the point of delivery due to anyone who may have access to your unique code.

You will also receive an email thanking you for your order and confirming your order has been received and accepted by the Partner Service Provider (the "Confirmation Email") will be sent to you by us on behalf of the Partner Service Provider.

The contract for the supply of any service you order through us will be between you and the Partner Service Provider and will only be formed when you have been sent the Confirmation Email by us.

2. Delivery Information

You will be asked to input your name, phone number, delivery address and email address. Please ensure that you have given us the correct information as this is how we will communicate with you about your Order.

3. Waiting Period

If you do not open the door or respond to telephonic correspondence within 15 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises and you will be charged for the order. In the event that you had requested to pay on delivery, you are liable to complete the payment for the missed Order before you make another one with us. 

If the Order contains food, the Order will be automatically cancelled . If the Order contains personal items that you have ordered through our Pick and Drop service, the Order will be returned to our office and you will have to pick up at a later time. If you would wish for OyaNow to re-deliver the order, you will be charged for the delivery service.

Order Completion: The OyaNow Driver will complete the order once the service is delivered, payment received and the unique code is received. Any issues with the delivery should be communicated immediately to the Driver. Please refrain from behaving in any manner that is not considered civil with our Drivers. Any instances of uncivilised behaviour towards our Drivers will be taken action upon with utmost importance.

OyaNow seeks to provide a quality service and will be the first contact in the event of a problem with your Order. We do monitor our Partner Service Providers very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Service Providers or in respect of the Orders by emailing or calling us.

 

4. SALE OF ALCOHOL

 

1. OyaNow has specific Partner Service Providers through which you can order Alcohol. There are two categories you can order Alcohol from-OyaFood and OyaNight.

OyaNight delivers alcohol only to selected locations and selected time frames . Please see Section 3 Service Availability for the details.

 

2. Payment for alcohol ordered during OyaNight has to be pre-paid.

 

3. Persons placing an order for alcohol from our Partner Service Providers must be aged 18 or over. Alcoholic beverages can only be sold and delivered to persons aged 18 or over . OyaNow operates the Challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over, will be asked to provide proof of age to show that they are aged 18 or over. By placing an order that includes alcohol, you confirm that you are at least 18 years old. OyaNow reserves the right to refuse to deliver any alcohol to any person who does not appear, or cannot prove they are, aged 18 or over. OyaNow also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs.

 

5.CASH

 

Upon making an order, if you select the option of paying through cash, then please make sure that you do not change the mode of payment. Our Drivers may not be carrying a Point Of Sales (POS) machine considering your request for cash payment.

There is a limit on cash payments for each category. The maximum amount you can pay for an order with cash is N100,000.

OyaNow strictly does not under any circumstance Pick and Drop cash to and from any customer.

 

6. AVAILABILITY AND DELIVERY

 

Our aim is to provide the best delivery service possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Order is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Service Provider at that time.

We have a limited number of drivers. If there is delay in a driver accepting your order, this is most likely due to all Drivers being occupied with another Order at the moment you placed your order. As soon as a Driver is available, the order will be accepted .

If your order is not accepted for more than 20 minutes, the Logistics Manager will intervene and ensure that the order is either queued for the next available Driver to accept.

 

7. CANCELLATION

 

You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Service Provider will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order").

If you wish to cancel an order after it has been confirmed and picked from the Partner Service Provider, you will be charged for the order. In the event that you had requested to pay on delivery, you are liable to complete the payment for the missed Order before you make another one with us.

If the Driver does not receive any response from the delivery contact person within 15 minutes of arriving at the delivery destination, s/he will cancel the order on his/her mobile application.

OyaNow and the Partner Service Provider may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by OyaNow or a Partner Service Provider will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you.

OyaNow alone will determine whether an order is a Started Order or not.

 

8. PRICE AND PAYMENT

 

1. Price

The price of any Orders will be listed on our Service. Prices include VAT. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue.

You may be able to cancel your order once we notify you. Despite our best efforts, some of the Orders listed on our Service may be incorrectly priced . The relevant Partner Service Provider will normally verify prices as part of the order process.

2. Mode of Payment

There are two key options for payment: Payment on Delivery, or Pay Online. Payment on Delivery can be made through cash, POS machine and online (credit or debit card) through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment.

Payment is made directly to OyaNow and is subsequently passed on by OyaNow to the Partner Service Provider. We are authorised by our Partner Service Providers to accept payment on their behalf and payment of the price of any Orders to us will discharge your obligations to pay such price to the Partner Service Provider. When we make a delivery, we may at our sole discretion charge you a payment processing fee ("Delivery Fee") which will be notified to you before you complete your order.

Due to reasons of security, there is a maximum limit on cash payments of up to N100,000. Please ensure that any order that costs higher is pre-paid. The service will not be started without the payment.

3. Non-Payment

Any instances of non-payment by the customer will lead to an enquiry by the Customer Care Manager. The customer will be given 24 hours to pay the due amount. Any failure to do so will lead to blacklisting of the customer. The customer will have to pay all dues before any further orders are made.

4. Pre-Paid Services

Pick and Drop is a pre-paid service. Please make sure that you pay online to start the order. In the case that there is an exception made to Pay on Delivery

 

9. OUR LIABILITY

 

To the extent permitted by law, OyaNow provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither OyaNow nor any Partner Service Provider shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service.

 

In the event that OyaNow or the Partner Service Provider is found to be liable to you our total aggregate liability is limited to the purchase price of the Orders you have paid for in your order. This does not include or limit in any way OyaNow's or any Partner Service Provider's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Under the category of OyaNight, OyaNow will seal the product at a pick up point that can only be broken by the customer on completion of the order. OyaNow will not take liability for the product’s quality once it has been sealed . The customer is expected to break the seal, inspect the product and sign a confirmed delivery in original condition document and hand it over to the Driver. OyaNow reserves the right to inspect the products being delivered under this category. Any product that is deemed illegal or potentially harmful (recreational drugs, arms, sharp objects, fuel, living beings including plants etc.) will not be delivered.

 

10. EVENTS OUTSIDE OUR CONTROL

 

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 11 shall excuse the Customer from any payment obligations under this Agreement.

 

11. WAIVER

 

Neither you, OyaNow nor the Partner Service Provider shall be responsible to any entity for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

 

12. SEVERABILITY

 

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

 

13. ENTIRE AGREEMENT

 

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

 

14. RIGHT TO VARY TERMS AND CONDITIONS

 

OyaNow may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

 

 

15. LAW AND JURISDICTION

 

The Nigerian courts will have jurisdiction over any claim arising from, or related to, any use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Nigerian Court of Law .

 

OYANOW LOGISTICS LIMITED

WEBSITE AND MOBILE APPLICATIONS

TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website oyanow.ng (our "Site") or our OyaNow application we make available via the google app store and the apple app store (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.

 

1. ACCESSING OUR SERVICE OR OUR SERVICES

 

Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us.

You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@oyanow.ng straight away to let us know. We can deactivate your account at any time.

 

2. ACCEPTABLE USE

 

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

 

 

3. INTERACTIVE FEATURES OF OUR SITE

 

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

 

4. CONTENT STANDARDS

 

These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Nigeria and in any country from which they are posted. Contributions must not:

 

      contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      infringe any copyright, database right or trademark of any other person;

      be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

      be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

      be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

      advocate , promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

 

 

5. SUSPENSION AND TERMINATION

 

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

      immediate, temporary or permanent withdrawal of your right to use our Service;

      immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;

      issuing of a warning to you;

      legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

 

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

 

 

6. INTELLECTUAL PROPERTY RIGHTS

 

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world . All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

 

 

7. RELIANCE ON INFORMATION POSTED

 

Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

 

8. OUR SITE AND OUR SERVICES CHANGE REGULARLY

 

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

 

 

9. OUR LIABILITY

 

We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service, we will attempt to correct this as soon as we reasonably can.

To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

 

 

10. PRIVACY POLICY

 

OyaNow reserves the right to share the nature of customer orders with other companies.

OyaNow will not share any personal detail that includes credit or debit card information, name, address and phone number with any company or person.

OyaNow does not have access to debit or card card details that are uploaded by the customer on our website and/or mobile application. OyaNow uses Pay Stack as its principal online payments service provider.

 

 

11. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE

 

Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

 

 

12. LINKS FROM OUR SITE

 

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

 

13. JURISDICTION AND APPLICABLE LAW

 

The Nigeria Court of Law will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Nigerian Court of Law .

 

14. VARIATIONS

 

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

 

 

15. YOUR CONCERNS

 

If you have any concerns about material which appears on our Service, please contact  support@oyanow.ng