copyright of Nacos Logistics (c) Designed and Developed by Reimnet
These Terms and Conditions (“Terms”) are made by NACOS and govern your use of the website and mobile application (collectively, the “Services”).
1.1. NACOS (also referred to as “we”, “our” or “us”) – a limited company incorporated and registered in Nigeria with registration number RC 155.
1.2. Affiliate – means an entity that is directly or indirectly under the control of NACOS and who provides certain NACOS Services in a state or city.
1.3. Services – services that NACOS and/or its Affiliates provide you, including provision and maintenance of the NACOS App and the NACOS platform, customer support, mediation of the payments and communication between you and the Customer or other similar support services as described in these Terms and Conditions.
1.4. NACOS App –In the meaning of these General Terms, NACOS App refers to the NACOS Drivers App, which the Drivers use to receive and accept requests and manage Transportation Services.
1.5. Customer/Shipper – a person requesting Transportation Services by using the NACOS mobile application.
1.6. Driver or you – the person providing Transportation Services via the NACOS App. Please note that you may register the account either as a legal or a natural person.
1.7. Terms – the general terms and conditions provided in this document.
1.9. License – your right to use the NACOS App and the Website in accordance with the Agreement.
1.10. Website – NACOS’s website located at www.nacos.ng and any of its subpages, including the NACOS Driver’s Portal.
1.11. Fare – the fee a Customer is obliged to pay you for provision of the Transportation Services.
1.12. NACOS Fee – the fee you are obliged to pay to NACOS for the right to use the NACOS App. NACOS Fee consists of a fee per each Customer order you have completed.
1.13. In-app Payment – a payment made by the Customer via the NACOS App for the Transportation Services. The In-app Payment may be made by using bank/credit card, business, mobile carrier payment or any other electronic payment method enabled by NACOS.
1.14. NACOS Driver’s Portal – a portal containing relevant information and documents regarding your usage of the NACOS App in course of provision of Transportation Services, including accounting documentation. You may access NACOS Driver’s Portal at by entering your user name and password.
1.15. Transportation Services – the transportation service you are providing to the Customer whose request you have accepted via the NACOS App.
Your continued access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and NACOS. If you do not agree to these Terms, you may not access the Services. These Terms expressly supersede prior agreements or arrangements with you, other than with respect to any customer/ carrier agreement with NACOS to the extent that such agreement is inconsistent with these Terms. NACOS may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof.
2.6. Registering the Account as a Fleet Company. Upon concluding a separate agreement with NACOS, a fleet company may itself register accounts to its employees and/or service providers. In such case the fleet company shall be required to ensure that its employees and/or service providers conform to the requirements of these General Terms and any other Agreement and agrees to act in accordance and be bound with its conditions and obligations. The fleet company and its employees and/or service providers shall remain jointly and severally liable for any infringement of the agreement conducted by such employee and/or service provider.
Registering the account as a legal person (i.e. a company). You are considered to be a legal person, if the recipient of the fees is marked as a legal person in your payment details (as accessible on the Driver’s Portal). In such case the indicated legal person is considered to be the provider of Transportation Services and a party to these General Terms as well as any further documents of the Agreement. Regardless of the above, only the specific natural person indicated in the signup process may factually provide the Transportation Services. Such natural person may use the account of the Driver only if he/she has read and agrees to be bound by these General Terms and any further documentation that is part of the Agreement. THE LEGAL PERSON IN THE PAYMENT DETAILS AND THE NATURAL PERSON FACTUALLY PROVIDING THE TRANSPORTATION SERVICES UNDER ONE BOLT ACCOUNT SHALL REMAIN JOINTLY AND SEVERALLY LIABLE FOR ANY INFRINGEMENT OF THE AGREEMENT CONDUCTED BY THE DRIVER.
Services performed by the Carrier for the Customer will be charged for on the basis and at the prices quoted on the Services unless special contract rates have been agreed between the parties. The services performed by the Carrier at the rates agreed will be subject to a surcharge when requested or carried out outside normal working hours.
The customer will be liable for all additional charges, reasonably incurred by the Carrier, in the performance of the deliveries on the customer’s behalf. Additional charges may be incurred where a customer request a collection from a remote address as opposed to the customers account address. Additional charges may also be incurred as a result of Bridge & road charges, parking charges and similar when incurred in the course of the collection or delivery.
3. Parties and Subcontract
a. Where the Customer is not the owner of some or all of the goods in any consignment, he shall be deemed for all purposes to be the agent of the owner or owners.
b. The Carrier enters into the Contract for and on behalf of himself and servants, agents and subcontractors and his subcontractors’ servants, agents and subcontractors, all of whom shall be entitled to the benefit of the Contract and shall be under no liability whatsoever to the Customer or anyone claiming through him in respect of the goods in addition to or separate from that of the Carrier under the Contract.
c. The Customer shall save harmless and keep the Carrier indemnified against all claims and demand whatsoever by whomsoever made in excess of the liability of the Carrier under these Conditions in respect of any loss, damage or injury, except if caused by the negligence of the Carrier, his servants, agents or subcontractors.
4. Acceptable Condition of Goods
All goods must be suitably and safely packaged. The carrier accepts no liability for any damage howsoever caused in the event of this condition not being complied with.
6. Loading or Unloading
a. When collection or delivery takes place at the Customer’s premises, the Carrier/Contractor shall not be under any obligations to provide any plant, power or labour which, in additions to the Carrier/Contractor’s driver or dispatch rider, is required for loading or unloading at such premises.
b. Any assistance given by the Carrier beyond the usual place of collection or delivery shall be at the sole risk of the Customer who will save harmless and keep the Carrier indemnified against any claim or demand, which could not have been made if such assistance had not been given.
c. Goods requiring special appliances for unloading from the vehicle are accepted only on condition that the sender had duly ascertained from the consignee that such appliances are available at the destination, Where the Carrier/Contractor is without prior arrangement in writing with the Customer, called upon to load or unload such goods, the Carrier shall be under no liability whatsoever to the Customer for any damage however caused, whether or not by the negligence of the Carrier and the Customer shall save harmless and keep the Carrier indemnified against any claim or demand which could not have been made if such assistance had not been given.
d. The Carrier will allow up to 15 minutes for waiting when picking up or delivering a consignment. Thereafter, the Carrier will charge the Customer for the total waiting time (including the first 15 minutes) at the operative rate. If the Carrier has to leave the collection premises and re-attend because the items for collection are not available or cannot be collected because of their size or contents then the charge for the booking is payable in full. Subsequent visits are chargeable in addition to the initial visit.
7. Consignment Notes
The Carrier/Contractor shall, if so required, sign a document prepared by the sender acknowledging the receipt of the consignment, but no such document shall be evidence of the condition of the correctness of the declared nature, quantity or weight of the consignment at the time it is received by the Carrier/Contractor. ( received option in app)
8. Proof of Delivery and Undeliverable Consignments
Where the Carrier/Contractor is unable for whatsoever reason to deliver a consignment to the consignee he will take all reasonable steps to advise the customer and obtain revised delivery instructions. The carrier will always seek to obtain a signature or other proof of delivery. In the absence of specific instructions to the contrary by the Customer the Carrier will not leave consignments where they cannot obtain proof of delivery. Consignments may be returned to the Carriers premises if the Customer cannot be contacted to obtain the necessary permission. Increased delivery charges may be incurred in this way and the consignment will be delayed.
7. Data Protection
We will use your personal details to administer this Service. From time to time, we may send direct marketing or promotional material about our offers, products and services. You can indicate you do not wish to receive such material by contacting us via [Email].
8. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the services. Your mobile networks data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and applications and any updates thereto. NACOS does not guarantee that the Services, or any portion thereof, will function on any particular hardware of devices. In addition, the Service may be subject to malfunction and delays inherent in the use of the Internet and electronic communications.
9. Offensive or Inappropriate use of the System
If we find your use of this Service is seriously inappropriate, offensive or disruptive, we may use information we have about you to stop such conduct, and this may include informing relevant third parties such as your employer, school, email provider or, in the case of any suspected unlawful activity, the police.
The services are provided “as is” and “as available.” NACOS disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, NACOS makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, or that the services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the services remains solely with you, to the maximum extent permitted under applicable law.
11. Limitation of Liability
NACOS shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if NACOS has been advised of the possibility of such damages. NACOS shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if NACOS has been advised of the possibility of such damages. NACOS shall not be liable for delay or failure in performance resulting from causes beyond NACOS’s reasonable control. In no event shall NACOS ‘s total liability to you in connection with the services for all damages, losses and causes of action exceed the value of the consignment.
NACOS does not control, endorse or take responsibility for any user content or third-party content available on or linked to by the services (including information on the services provider by users or by shippers). NACOS cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
12. NACOS is not a motor carrier and shall not be interpreted in any agreement or document, written or oral as such.
A motor carrier as used in these Terms, means any motor carrier or trucking company, including a motor carrier as defined by xxxx with authority issued by the federal and/or applicable state governments or a motor carrier with issued by any other applicable governmental authority.
NACOS is a federally licensed freight broker under authority granted by the Department of transport
The motor carrier shall be solely responsible for controlling the method, manner and means of accomplishing the motor carriers services, For the purposes of these Terms, ‘driver’ shall mean those motor carriers employees, contractors, owner operators under contract with the motor carrier, employees of such owner-operators, or any other service providers of the motor carrier assigned to operate motor vehicle providing transportation on behalf of the motor carrier. The motor carrier or its drivers are responsible for determining the appropriate route for transportation. Any navigational directions that NACOS offers to motor carriers or its drivers are offered solely for convenience and the motor carrier and its drivers shall have no obligation to follow such navigational directions. If the motor carrier elects to provide access to the services to its drivers any directions, instructions or other information provided through the services are provided by the motor carrier to the driver.
Any transportation services that are accepted by a motor carrier or any employee, contractor or other service provider of the motor carrier (including you) on behalf of a motor carrier using the services are subject to the rates and charges indicated on the services and the terms and conditions of the applicable agreement entered into between such motor carrier and NACOS and these Terms. If you are an employee, contractor or any other service provider of the motor carrier, you agree that all charges and compensation due to you as an employee, contractor or other service provider of the motor carrier are the sole responsibility of the motor carrier and not NACOS.
You agree to indemnify and hold NACOS and its affiliates and their respective officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; and/or (ii) your breach or violation of any of these Terms.
14. No Warranty
We do not warrant that this Service, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.
15. No Waiver
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by any court then, to the extent to which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall remain in full force and effect.
16. Governing Law
These Terms shall be governed by Nigerian laws without reference to conflict of laws principles. All disputes arising from these Terms will be subject to and resolved by the exclusive jurisdiction of the Federal republic of Nigeria.
We reserve the right to change these Terms and Conditions at any time. Any such changes will take effect when posted on the website.
You may not assign these Terms without Uber Freight’s prior written approval. Uber Freight may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber Freight’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Uber Freight or any third party as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Uber Freight’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Uber Freight in writing.
Updated on 3rd April, 2019.