Terms and Conditions of Service

1. Introduction and Acceptance

These Terms and Conditions ("Terms") constitute a binding legal agreement between Send Me Services Limited, a company registered under the laws of Sierra Leone with its principal place of business in Freetown ("Company," "we," "us," or "our"), and the party engaging our delivery and courier services ("Customer," "you," or "your").

By requesting, accepting, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

2. Definitions

For purposes of these Terms, the following definitions apply:

3. Service Description and Limitations

3.1 Service Scope

The Company provides delivery and courier services within its designated Service Area, subject to availability and the limitations outlined in these Terms.

3.2 Service Capacity

Standard services are subject to the following limitations:

• Maximum of 100 deliveries per Customer per day within Freetown
• Maximum parcel weight: 15 kilograms per item
• Maximum parcel dimensions: 50cm x 50cm x 50cm (length x width x height)

3.3 Special Handling

Goods requiring special handling, temperature control, or exceeding standard limitations may be accommodated subject to:

• Prior written agreement
• Additional fees
• Availability of appropriate resources
• Minimum 48 hours' advance notice

3.4 Right to Refuse Service

The Company reserves the right to refuse transportation of any Goods if:

• The Goods are Prohibited Items
• The Goods exceed the specifications in Section 3.2 without prior arrangement
• The Goods are improperly packaged or labeled
• The Delivery Address is outside our Service Area
• The Customer has outstanding payment obligations
• The Company reasonably believes that accepting the Goods would violate any applicable law, regulation, or these Terms
• The Customer has previously breached these Terms

3.5 Notice of Refusal

If the Company refuses service, we will notify the Customer within two (2) hours of the refusal via email or telephone, stating the specific reason for refusal.

4. Service Hours and Availability

4.1 Standard Operating Hours

4.2 Public Holidays

Services may be limited or unavailable on public holidays. Holiday schedules will be posted on our website at least seven (7) days in advance.

4.3 Changes to Service Hours

The Company may modify service hours upon thirty (30) days' written notice to the Customer. Total weekly service hours will not be reduced by more than ten percent (10%) without the Customer's consent.

4.4 After-Hours Services

Emergency after-hours delivery services may be available upon request, subject to:

• Availability of personnel
• Additional fees as specified in our current rate schedule (Schedule B)
• Minimum four (4) hours' advance notice
• Approval by Company management

5. Customer Obligations

5.1 Accurate Information

The Customer must provide accurate, complete, and legible information for each delivery, including:

• Sender and recipient names and contact information
• Complete delivery address with landmarks if applicable
• Description and declared value of Goods
• Any special handling instructions
• Recipient availability information

5.2 Packaging

The Customer is responsible for ensuring that all Goods are:

• Properly packaged to withstand normal handling and transportation
• Adequately protected against damage
• Labeled clearly with delivery information
• Marked with any necessary handling instructions (e.g., "Fragile," "This Way Up")

The Company is not liable for damage to inadequately packaged Goods.

5.3 Prohibited Items Declaration

The Customer warrants that no Consignment contains Prohibited Items. The Customer must declare any items that require special permits or handling.

5.4 Authorization

The Customer must provide and maintain a current list of individuals authorized to:

• Request services on the Customer's behalf
• Sign consignment notes
• Receive deliveries

The Customer must notify the Company in writing of any changes to authorized individuals within twenty-four (24) hours of such changes taking effect.

5.5 Payment Obligations

The Customer agrees to pay all fees and charges in accordance with Section 8 of these Terms.

6. Subcontracting and Third-Party Services

6.1 Right to Subcontract

The Company may engage independent third-party carriers ("Subcontractors") to perform deliveries. The Customer consents to such subcontracting by accepting these Terms.

6.2 Subcontractor Standards

All Subcontractors must meet the following minimum requirements:

• Valid business registration and appropriate licenses
• Comprehensive general liability and cargo insurance
• Minimum two (2) years of experience in delivery or logistics services
• Satisfactory safety record with no major violations in the previous three (3) years
• Compliance with all applicable laws and regulations

6.3 Notice of Subcontracting

The Company will provide the Customer with notice of subcontracting arrangements upon request. For regular Customers with ongoing service agreements, the Company will provide a list of approved Subcontractors upon execution of the agreement.

6.4 Liability

The Company remains fully responsible for all services performed by Subcontractors. The Company's liability limitations and exclusions apply equally to services performed by Subcontractors.

7. Delivery Procedures

7.1 Collection

The Company will collect Goods at the agreed time and location. If the Customer is unavailable at the scheduled collection time, the Company may charge a failed collection fee.

7.2 Proof of Delivery

Delivery will be deemed complete upon:

• Signature by the recipient or authorized representative
• Delivery to the specified address with photographic confirmation (if recipient unavailable and Customer has authorized contactless delivery)
• Acknowledgment via electronic confirmation by the recipient

7.3 Delivery Attempts

The Company will make up to two (2) delivery attempts. If both attempts are unsuccessful:

• The Company will contact the Customer for further instructions
• The Goods may be returned to the sender at the Customer's expense
• Storage fees may apply after forty-eight (48) hours

7.4 Undeliverable Items

If Goods cannot be delivered due to incorrect address, recipient unavailability, or refusal to accept delivery, the Customer must:

• Provide revised delivery instructions within forty-eight (48) hours
• Pay any additional delivery charges
• Arrange for return or storage of the Goods

Goods unclaimed after thirty (30) days may be disposed of at the Company's discretion, with any proceeds applied to outstanding fees.

8. Fees and Payment

8.1 Service Fees

Fees for services are as specified in:

• The Company's current rate schedule (Schedule B)
• Any written quotation provided to the Customer
• Any service agreement between the parties

8.2 Additional Charges

Additional charges may apply for:

• After-hours deliveries
• Deliveries outside standard Service Area
• Failed delivery or collection attempts
• Storage beyond forty-eight (48) hours
• Special handling or oversized items
• Insurance coverage
• Customs clearance or duties (if applicable)

8.3 Payment Terms

Unless otherwise agreed in writing:

• Corporate customers: Payment due within thirty (30) days of invoice date
• Individual customers: Payment due upon service request or delivery
• Accepted payment methods: Cash, bank transfer, mobile money, or credit/debit card

8.4 Late Payment

Overdue accounts are subject to:

• Late payment fee of 2% per month on outstanding balances
• Suspension of services until payment is received
• Referral to collection agencies or legal action
• Recovery of all costs associated with collection efforts

8.5 Disputes

Any billing disputes must be raised within fourteen (14) days of invoice date. Undisputed portions of invoices must be paid by the due date.

9. Liability and Insurance

9.1 Limitation of Liability

The Company's liability for loss, damage, or delay to any Consignment is limited to the lesser of:

• The actual value of the Goods
• Le 500,000 (Five Hundred Thousand Leones) per Consignment
• The declared value of the Goods (if declared and additional insurance purchased)

9.2 Excluded Liabilities

The Company is not liable for:

• Damage due to inadequate packaging by the Customer
• Loss or damage to Prohibited Items
• Delays caused by Force Majeure events
• Consequential, indirect, or special damages, including lost profits or business interruption
• Loss or damage arising from incorrect or incomplete delivery information provided by the Customer
• Inherent defect, quality, or vice of the Goods
• Acts or omissions of the Customer or recipient
• Delays caused by customs clearance or regulatory inspections

9.3 Insurance

The Company maintains appropriate insurance coverage for its operations. Customers requiring coverage beyond the standard liability limit must:

• Declare the value of Goods at the time of booking
• Pay additional insurance fees
• Provide supporting documentation of value if required

9.4 Claims Procedure

To make a claim for loss or damage:

• Written notice must be given within seven (7) days of delivery (or scheduled delivery date for non-delivery claims)
• Claims must include consignment note number, description of loss/damage, and supporting evidence (photographs, receipts, etc.)
• The Company will investigate and respond within thirty (30) days
• Claims must be filed within six (6) months of the delivery date or these Terms will bar recovery

9.5 Inspection Rights

The Company reserves the right to inspect Goods and packaging when investigating claims.

10. Mobile Application Terms

10.1 Application License

The Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Send Me Services mobile application ("App") on your mobile device solely for accessing and using our delivery services in accordance with these Terms.

10.2 Account Registration

To use the App, you must:

• Create an account by providing accurate, complete, and current information
• Be at least 18 years of age or have parental/guardian consent
• Maintain the confidentiality of your account credentials
• Notify the Company immediately of any unauthorized access to your account
• Accept responsibility for all activities conducted through your account

10.3 Account Security

You are responsible for:

• Maintaining the security of your login credentials
• All transactions and activities conducted through your account
• Ensuring no unauthorized persons access your account

The Company is not liable for losses arising from unauthorized use of your account if you fail to maintain adequate security.

10.4 Prohibited Uses

You agree not to:

• Use the App for any illegal purpose or in violation of these Terms
• Attempt to gain unauthorized access to the App, servers, or networks
• Interfere with or disrupt the App's functionality or servers
• Use automated systems (bots, scrapers) to access the App
• Reverse engineer, decompile, or disassemble the App
• Remove, modify, or obscure any copyright or proprietary notices
• Upload viruses, malware, or other malicious code
• Impersonate another person or entity
• Use the App to harass, abuse, or harm others
• Collect or harvest user information without consent
• Create multiple accounts to abuse promotions or circumvent restrictions

10.5 Intellectual Property

All content, features, functionality, trademarks, logos, and software in the App are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without express written permission.

10.6 App Availability and Updates

• The App is provided "as is" and "as available"
• The Company does not guarantee uninterrupted or error-free operation
• The App may be unavailable during maintenance, updates, or due to technical issues
• The Company may update the App at any time; continued use constitutes acceptance of updates
• Some updates may require you to accept new terms before continuing to use the App
• The Company may discontinue the App or specific features at any time with reasonable notice

10.7 Device Requirements and Compatibility

• You are responsible for ensuring your device meets minimum system requirements
• The Company does not guarantee compatibility with all devices or operating systems
• Data charges from your mobile carrier may apply when using the App
• You are responsible for maintaining compatible software and a secure device

10.8 In-App Purchases and Payments

• All payments made through the App are processed by authorized third-party payment processors
• You authorize the Company to charge your selected payment method for all fees
• Payment information is collected and processed in accordance with our Privacy Policy
• All sales are final unless otherwise specified
• The Company reserves the right to refuse or cancel orders for any legitimate reason
• Prices are subject to change without notice, but changes will not affect confirmed orders

10.9 Location Services

The App may request access to your device's location services to:

• Provide accurate delivery estimates
• Track deliveries in real-time
• Optimize routing for pickups and deliveries
• Enhance user experience

You may disable location services, but this may limit App functionality. Location data is handled in accordance with our Privacy Policy.

10.10 Push Notifications

By enabling push notifications, you consent to receive:

• Order status updates and delivery notifications
• Service announcements and updates
• Promotional offers (you may opt-out of marketing notifications)

You can manage notification preferences in your device settings or App settings.

10.11 User Content and Feedback

If you submit feedback, reviews, ratings, photos, or other content through the App:

• You grant the Company a perpetual, worldwide, royalty-free license to use, modify, and display such content
• You represent that you own or have rights to the content submitted
• You agree not to submit content that is unlawful, defamatory, obscene, or infringes third-party rights
• The Company reserves the right to remove any content at its discretion

10.12 Third-Party Links and Services

The App may contain links to third-party websites or services not controlled by the Company. The Company is not responsible for:

• The content, privacy policies, or practices of third-party sites
• Any transactions you conduct with third parties
• Any damages or losses caused by third-party services

10.13 App Suspension and Termination

The Company may suspend or terminate your access to the App immediately if:

• You breach these Terms or any applicable law
• You engage in fraudulent activity
• You abuse or misuse the App or services
• Your account shows suspicious or unauthorized activity
• Termination is required to comply with legal obligations

Upon termination, you must cease all use of the App and delete it from your devices.

10.14 App-Specific Disclaimers

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of uninterrupted or error-free operation
• Warranties regarding accuracy of content or information
• Warranties that the App is free from viruses or harmful components

The Company does not warrant that the App will meet your requirements or that defects will be corrected.

10.15 Mobile Platform Terms

Your use of the App is also subject to the applicable app store's terms and conditions (Google Play Store, Apple App Store, etc.). In case of conflict between these Terms and the app store terms, these Terms shall prevail regarding our services.

10.16 Export Compliance

You agree not to export, re-export, or transfer the App in violation of any applicable export control laws and regulations.

11. Customer Data and Privacy

11.1 Data Collection

The Company collects and processes personal data necessary to provide services, including:

11.2 Data Use

Customer data will be used for:

• Providing, maintaining, and improving services
• Processing orders and payments
• Communicating order status and service updates
• Personalizing user experience
• Analytics and performance monitoring
• Fraud prevention and security
• Complying with legal obligations
• Resolving disputes or claims
• Marketing communications (with your consent)

11.3 Data Protection and Security

The Company implements industry-standard security measures to protect Customer data, including:

• Encryption of data in transit and at rest
• Secure authentication protocols
• Regular security assessments
• Access controls and monitoring
• Secure payment processing through PCI-DSS compliant processors

However, no system is completely secure, and the Company cannot guarantee absolute security of your data.

11.4 Data Sharing

Customer data may be shared with:

• Subcontractors and delivery partners for service fulfillment
• Payment processors for transaction processing
• Analytics providers to improve services
• Cloud storage and hosting providers
• Legal authorities when required by law or to protect our rights
• Business partners with your explicit consent

The Company will not sell or rent your personal data to third parties for their marketing purposes without your explicit consent.

11.5 Cookies and Tracking Technologies

The App and website may use cookies, web beacons, and similar technologies to:

• Remember your preferences and settings
• Analyze usage patterns and improve services
• Deliver targeted advertising (with your consent)
• Provide social media features

You can manage cookie preferences through your browser or device settings, but disabling cookies may limit App functionality.

11.6 Third-Party Analytics

The Company uses third-party analytics services (e.g., Google Analytics, Firebase) to understand App usage. These services may collect data about your use of the App and other websites/apps. Their use of data is governed by their respective privacy policies.

11.7 Data Retention

Customer data will be retained for:

• Active accounts: Duration of account plus seven (7) years
• Inactive accounts: Three (3) years of inactivity before deletion (excluding data required for legal compliance)
• Transaction records: Seven (7) years for accounting and legal purposes
• Marketing data: Until you withdraw consent or two (2) years of inactivity

11.8 Your Data Rights

Subject to applicable law, you have the right to:

• Access your personal data
• Correct inaccurate data
• Request deletion of your data (subject to legal retention requirements)
• Object to or restrict certain data processing
• Data portability (receive your data in a structured format)
• Withdraw consent for marketing communications
• Lodge a complaint with relevant data protection authorities

To exercise these rights, contact us at privacy@sendmeservices.sl.

11.9 Children's Privacy

The App is not intended for children under 18. We do not knowingly collect data from children. If we become aware that we have collected data from a child without parental consent, we will delete it promptly.

11.10 International Data Transfers

If you access our services from outside Sierra Leone, your data may be transferred to and processed in Sierra Leone or other countries. By using our services, you consent to such transfers.

11.11 Privacy Policy

For complete details on our data practices, please review our Privacy Policy available in the App and on our website. The Privacy Policy is incorporated into these Terms by reference.

12. Electronic Communications and Transactions

12.1 Consent to Electronic Communications

By using the App, you consent to receive communications from us electronically, including:

• Emails to your registered email address
• SMS/text messages to your registered phone number
• Push notifications through the App
• In-app messages and announcements

You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication.

12.2 Electronic Signatures

You agree that your electronic acceptance (clicking "I Agree," "Submit Order," or similar buttons) constitutes your legally binding signature. Electronic signatures have the same legal effect as handwritten signatures.

12.3 Transaction Records

The Company will maintain electronic records of all transactions for the periods required by law. You may access your transaction history through your App account.

12.4 Opting Out of Communications

You may opt out of:

• Marketing emails by clicking "unsubscribe" in any marketing email
• SMS marketing by replying "STOP" to any marketing text
• Push notifications through your device or App settings

Note: You cannot opt out of transactional communications related to your orders and account.

13. Promotions, Discounts, and Loyalty Programs

13.1 Promotional Codes

Promotional codes and discounts:

• Are subject to specific terms and conditions disclosed at issuance
• May have expiration dates and usage limits
• Cannot be combined with other offers unless explicitly stated
• Are non-transferable and have no cash value
• May be revoked if obtained fraudulently or used in violation of terms

13.2 Loyalty Programs

If the Company offers loyalty programs:

• Participation is subject to program-specific terms
• Points or rewards have no cash value
• The Company may modify or discontinue programs with notice
• Points may expire according to program terms
• The Company reserves the right to adjust point balances for fraudulent activity

13.3 Referral Programs

Referral rewards:

• Are subject to verification and approval
• May only be earned through genuine referrals
• Cannot be obtained through spam, false advertising, or other fraudulent means
• May be forfeited if terms are violated

14. Force Majeure

14.1 Suspension of Obligations

Neither party shall be liable for failure to perform obligations due to Force Majeure events beyond their reasonable control.

14.2 Notification

The affected party must notify the other party within forty-eight (48) hours of becoming aware of a Force Majeure event.

14.3 Mitigation

Both parties agree to use reasonable efforts to mitigate the effects of Force Majeure events.

14.4 Termination

If a Force Majeure event continues for more than thirty (30) consecutive days, either party may terminate the agreement by providing written notice.

15. Termination

15.1 Termination by Customer

The Customer may terminate these Terms at any time by:

• Ceasing to use the Company's services
• Providing written notice of termination

Outstanding obligations for services already provided remain due.

15.2 Termination by Company

The Company may terminate services immediately if:

• The Customer materially breaches these Terms
• The Customer fails to pay undisputed invoices within thirty (30) days of due date
• The Customer provides Prohibited Items without disclosure
• The Company reasonably believes continuation of services would violate applicable law

15.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• The Company will cease accepting new Consignments
• The Company will complete or return any Consignments in transit
• Provisions relating to liability, payment, and dispute resolution survive termination

16. Indemnification

The Customer agrees to indemnify and hold harmless the Company, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Breach of these Terms by the Customer
• Incorrect or incomplete information provided by the Customer
• The nature, condition, or packaging of the Goods
• Transportation of Prohibited Items
• Violation of any applicable law by the Customer

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of Sierra Leone.

17.2 Negotiation

The parties agree to first attempt to resolve any disputes through good-faith negotiation.

17.3 Mediation

If negotiation fails, disputes will be referred to mediation before a mutually agreed mediator in Freetown, Sierra Leone.

17.4 Jurisdiction

If mediation is unsuccessful, disputes shall be submitted to the competent courts of Freetown, Sierra Leone.

18. General Provisions

18.1 Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements, representations, or understandings.

18.2 Amendments

The Company may amend these Terms by:

• Posting updated Terms on our website with at least thirty (30) days' notice
• Notifying Customers via email of material changes
• Continued use of services after the effective date constitutes acceptance of amended Terms

18.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

18.4 Waiver

Failure by either party to enforce any provision does not constitute a waiver of that provision or any other provision.

18.5 Assignment

The Customer may not assign rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of business.

18.6 Notices

All notices must be in writing and delivered to:

• The Customer's address on file with the Company
• The Company's registered office address

Notices are deemed received:

• Upon delivery if hand-delivered
• Three (3) Business Days after posting if sent by mail
• Upon transmission if sent by email during business hours

18.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, or employment relationship between the parties.

18.8 Third-Party Rights

No third party has any right to enforce any provision of these Terms.

19. Contact Information