1.1.

Overview: These Terms and Conditions of Use (T&Cs) are a legal contract between you ("User") and Enviable Transport Nigeria Limited ("we", "us", "our" or "App provider"). They govern your installation and use of our mobile application ("App"), as well as your access to and use of all services provided through or enabled by our App ("Services").

1.2.

Acceptance: Please read carefully, as this document includes limitations of liability, disclaimers of warranties, and other terms which affect your legal rights. If you do not agree with these T&Cs, or if you lack capacity or authority to agree to these T&Cs, do not install or use the App or access the Services.

2.1.

Right to Amend: We may amend any part of these T&Cs by adding, deleting, or varying their content at our discretion.

2.2.

Notification: We will provide notice of the proposed amendment by posting an amended version of these T&Cs with a new version number. A link to the previous version of the T&Cs will be included beneath the new version number.

2.3.

Effective Date: Amendments will take effect 7 days after the date on which the amended version is posted. The previous version of the T&Cs will continue to apply until the effective date of the amendments.

2.4.

User's Right to Terminate: If you disagree with any amendments, you may terminate these T&Cs by uninstalling the App and ceasing to use the Services within the 7-day notice period. If the amendment increases your obligations or decreases our obligations, you can cancel within 7 days after the amendments take effect without any cost or penalty. Your continued use of the App and Services after the amendments take effect constitutes your acceptance of the amended T&Cs.

3.1.

Description: Our mobile App connects passengers with drivers to facilitate transportation within cities efficiently. "We" refers to Enviable Transport Nigeria Limited.

3.2.

Platform Structure: The App is a three-tier cross-platform application that includes:

3.3.

Services Offered: The App combines haulage services, booking services, and ride-sharing in one solution ("Service Application"). These services are accessed by the general public through the App. Our drivers are qualified professionals with valid driver's licenses, verified based on the information they provide. However, customers deal directly with the driver and not with Enviable Transport Nigeria Limited.

4.1.

Contract with Driver: You enter into a contract with the driver for transport services via the App. Depending on your location, you can choose to pay the driver in cash or use the in-App payment option. Payments are handled by a separate agreement for business journeys and may include applicable taxes, fees, tolls, surcharges, and tips.

4.2.

Mobile Number: During App installation, your mobile number is linked to your user account and added to our database. If you change your mobile number, notify us within 7 days to update your account. Failure to notify us may result in your data being accessible to a new person assigned your old number by your mobile operator.

5.1.

Compliance: When installing the App and using the Services, you must comply with all applicable laws and regulations in Nigeria.

5.2.

Prohibited Actions: You must not:

6.1.

We exclude all conditions and warranties regarding the App and Services, whether express or implied, including any condition or warranty of merchantability or fitness for a particular purpose. We do not guarantee any particular level of uptime or availability of the Services. The Services may become unavailable for various reasons, including scheduled and unscheduled maintenance.

7.1.

Communication Platform: Our App provides a communication platform between passengers and drivers. We cannot guarantee or take responsibility for the quality or absence of defects in the provision of transport services. Our App does not offer or broker transport services for passengers and is not a transport agency for finding passengers for transport providers. It is a means for organizing the provision of transport services.

7.2.

Refund Policy: Refunds are not available for orders made through the Enviable Transport App. Once payment is made for a trip, any amount paid will not be eligible for a cash refund. However, if a trip is not fulfilled due to unforeseen circumstances, the amount paid will be credited to your in-app wallet. This credit can be used for future trips booked with the Enviable Transport App and is non-transferable and non-refundable.

7.3.

Service Basis: The App is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free access to the App. In case of faults, we will endeavour to correct them as soon as possible, but we do not guarantee that the App will function at all times. Service interruptions may occur due to technical errors or public emergencies.

7.4.

Limitation of Liability: Enviable Transport Nigeria Limited, its representatives, directors, and employees are not liable for any loss or damage you may incur as a result of using the App or relying on journeys contracted through the App, including:

7.5.

Financial Liability: Our financial liability in connection with breach of contract is limited to N20,000 (Twenty Thousand Naira). You may claim damages only if we have deliberately violated the contract. We are not liable for the actions or inactions of the driver or for damages the driver causes to passengers.

7.6.

Indemnification: You agree to fully indemnify and hold Enviable Transport Nigeria Limited, its affiliates, representatives, employees, and directors harmless from any claims or losses (including liabilities, damages, costs, and expenses) arising from your use of the App or the journeys obtained through the App.

7.7.

Termination: We may immediately terminate your use of the App if you breach these T&Cs or if necessary to protect the integrity of Enviable Transport Nigeria Limited or the safety of drivers.

8.1.

Governing Law and Jurisdiction: These T&Cs are governed exclusively by the laws of Nigeria, including transportation laws of different states. Any litigation arising from or related to these T&Cs, the App, or the Services shall be submitted to the exclusive jurisdiction of the courts of Nigeria, within our state/city of operation (Abia State).

8.2.

Assignment: You may not assign any of your rights under these T&Cs without our written consent.

8.3.

Status of the Parties: These T&Cs do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture between you and us. They also do not create any fiduciary duties.

8.4.

Entire Agreement: These T&Cs (as amended from time to time) constitute the entire agreement between you and us regarding the App and the Services. They replace and supersede any previous or existing agreements, contracts, understandings, or representations regarding the App or the Services.

8.5.

Language: You and we agree that these T&Cs and all related documents be drawn up in the English language.

8.6.

Severability: If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

8.7.

Contact Information: For any questions or concerns regarding these T&Cs, please contact us at ​info@ets.com.ng