Terms and Conditions
Last Modified: 23 December 2023
PLEASE READ THE FOLLOWING FELE EXPRESS PROGRAM AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE FELE APP. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND FELE.
This Terms and Conditions (“Terms”) governs the access or use by you of the information service platform (“Platform”) through our mobile applications, website, applications (together “Applications”) to receive services made available by FELE EXPRESS LTD, a company incorporated in Nigeria with its registered office at No 10 Adical plaza, 70 Old Otukpo Road, Makurdi Benue State, Nigeria (“Fele Express”).
Please make sure to carefully read through these Terms before accessing or using the Platform. These Terms whether stated or otherwise referenced herein set forth rights and obligations and constitute a legal agreement between Fele Express and you.
By using or accessing the Platform, and each and every time you use the Services, you hereby expressly affirm that:
you have read, understand and agree with these Terms including Fele Express’s Privacy Policy here.
you will comply with these Terms; you will comply with Community Guidelines; and you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts.
You also acknowledge and agree that you have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM. PLEASE READ CAREFULLY “DISCLAIMER”, “LIMITATIONS OF LIABILITY” AND “INDEMNITY”. THESE PROVISIONS LIMIT OUR LIABILITY TO YOU.
IF YOU AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, PLEASE CLICK THE TICK BOX WHICH INDICATES YOUR CONSENT TO THESE TERMS AND THE FELE PRIVACY POLICY.
In these Terms, the words “you” or “your” refer to all individuals and other persons who access or use the Platform, including, without limitation, any organizations that enroll or otherwise access or use the Platform through their respective representatives or employees (“User(s)”).
In these Terms, “Applicable Law” means applicable Philippine laws, rules, and regulations governing payments and all services provided hereunder, including: any and all foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with) any regulatory authority, as each of the foregoing may be amended and in effect from time to time.
We reserve the right to change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Our Services
The services provided by Fele Express (“Services”) are meant to connect Users and independent third party delivery partners (“Delivery Partner”) who provide transportation, logistics and/or delivery services. The transportation and/or logistics services provided by the Delivery Partner could be availed/requested through the use of the Platform supplied by Fele Express.
You acknowledge that Fele Express by itself or any of its affiliates does not own, employ or provide transportation and/or logistics services or function as a transportation carrier and that all such transportation, or logistics services provided are provided independently by Delivery Partners under a Contract of Private Carriage between you and the Delivery Partner.
Use of the Software
While using the software provided by Fele (“Software”) you agree that: you are permitted to install a copy of the Software on your mobile device for your use; you are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties; you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform; you shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software; you shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software; you shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes; you shall not install and/or execute the Software on any device other than the mobile device and web running the operating systems approved by Fele Express; and other than the license to use the Software granted hereof, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Fele Express and its suppliers.
Use of the Services User Account
In order for you to use the Services, you are required to register for a personal account (“Account”) with Fele. During Account registration, you are obligated to provide your personal information, such as your name, contact information directly or indirectly in accordance with Fele’s Privacy Policy.
Once the Account registration is successfully completed with Fele, you will be provided with an Account, accessible with a password of your choice. The Services or Platform may be restricted/limited based on your resident jurisdiction because of age, in such cases you must abide by the age limits and not use the Services or the Platform.
You agree that the details entered and maintained by you are accurate, complete and valid. Fele is not liable for false, incomplete, old or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account. Fele is entitled to verify the information that you have provided at all times and refuse the use of the Services without providing reasons and prior notice.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Applications. Fele does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Fele reserves the right to terminate the use of the Services should you be using the Service in an incompatible or unauthorized device or that the security of your account has been compromised in any way or for any reason we may find just.
While using the Services you agree that: you shall only access the Services using means explicitly authorized by Fele; the Platform and Services provided will solely be used by you, for your personal use and will not be resold to any third party; you will not authorize others to use your Account; you are only allowed to open a single Account; transferring of your Account to any other person or legal entity is not permitted; you cannot use an account that is subject to any rights of a person other than you without appropriate authorization; Fele holds the right to include/exclude the Users from promotional offers; the Services cannot be used for unlawful purposes, including but not limited to (i) violation of Applicable Law; (ii) storing or sending any unlawful material; (iii) sharing of sensitive personal information of others, without their consent (iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or harming the proper operation of the Services; (vi) exhibiting the tenor of impersonating another person; or (vii) copying or distributing the Services without the permission of Fele;
Your password or any identification credentials that Fele provides to you should be secure and confidential; proof of identity or other documentations needs to be submitted immediately if requested by Fele; compliance with all the Applicable Law is a must while using the Services; you will not engage with the Delivery Partner outside of the Platform directly or indirectly; you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Fele reserves the right to bar any such activity; you shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
you shall not collect or harvest any personally identifiable information, including account names, from the Platform;
you shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behavior that Fele deems inappropriate when using the Services; and
you agree to grant Fele the rights to share your information and/or permitted information, with any third parties in accordance with Fele’s Privacy Policy.
Rules of Use:
Users warrant that they are either the owners or the authorized agents of the owners of the goods and materials comprising any requested shipments, and that the Users are authorized to order that the shipments be made in accordance with the Users’ instructions.
Users warrant that they have accepted these Terms not only for such Users but (if applicable) also as agents for and on behalf of the owner of the goods and materials comprising shipments.
Users understand that the Delivery Partners will be directed by the User’s instructions to transport the shipments to the User’s designated location. Users agree that neither the Delivery Partner nor Fele Express holds title to or acquires any ownership interest in any shipments that the Users request to be delivered through the Services.
Users shall verify the information of the Delivery Partner and vehicle and use the User’s own discretion to decide whether or not to accept the services of the Delivery Partner before the shipment. Users shall be deemed to have accepted all information (including but not limited to the information of the Delivery Partner and vehicle) relating to the shipment provided by the Delivery Partner, whether or not such information is identical with the User’s order information. After the shipment, User shall not hold Fele Express liable for any inconsistency between any information in the shipment and the order information.
Users shall give to the Delivery Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between the Users’ provided information and the actual situation or facts involved shall be borne by the User. Any amendment or change to a User’s instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated in the Application unless otherwise permitted by Fele Express.
Users warrant that they have complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials comprising shipments. Users shall not dispatch (and Delivery Partners are entitled to refuse transport of) any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. Users are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of a User’s breach of these Terms.
Users will not transport alcohol or tobacco products as part of its shipment if prohibited by local law or regulation. Users shall be permitted to deliver alcohol and/or tobacco products if local laws or regulations permit the transportation of alcohol and/or tobacco products.
Users will not transport jewelries and live animals as part of its shipment.
Users will not use the Services for passenger transport.
Delivery Partners will not open and inspect shipments nor be responsible for the transportation of special goods without prior agreement from the User. Except in relation to Corporate Account User, Fele Express and Delivery Partners shall bear no responsibility or any legal liability resulting from the transportation of shipments.
Users shall ensure that shipments are adequately packed to protect against damage in the course of transmission, and also that no part of any shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced apart.
Users shall ensure that shipments are properly packaged so as to protect against damage to the shipments during the course of transportation, and in particular, in the case of a shipment of a fragile nature or is susceptible to damage by bending, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container to prevent the shipment from being bent, such that the shipment is guarded against damage that may result from any force, pressure or blows to which transportation items are ordinarily subject during the course of transportation and that such fragile shipments shall bear specific words indicating its contains fragile items displayed on the face of the case or container and above the address of the named addressee.
Fele Express shall not be responsible for providing a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Any additional protective service (if available) is provided solely and directly by the Delivery Partner. Such commodities will be accepted for transportation solely at the User’s risk for any damages arising from the transportation.
Users shall provide in respect of each shipment all necessary information. In the event that the recipient is found to be absent from the address specified by the User, no other person is present to take the shipment, and no other instructions have been provided by the User, the Delivery Partner will contact the User (at the number provided by User) and attempt to return the shipment back to the User. In the event the Delivery Partner cannot reach the User at the number provided by User, the Delivery Partner may attempt to redeliver the shipment to the recipient. You agree that the undelivered items to the recipient which cannot be returned to a User which cannot be contacted will be delivered to Fele Express’s local office. If the items remain unclaimed 10 days (for non-perishable goods) or 24 hours (for perishable goods) after receipt of the items by Fele Express, Fele Express can perform any act on the the undelivered items at its discretion. Any fees for additional handling and further shipment transportation will be borne by the User. Should a re-transportation of items be needed, a new transportation order will be placed and billed.
The Delivery Partner will not help in the loading, unloading, moving, hauling or lifting the User’s shipment unless the Driver Carries and Additional Assistants Service is requested by the User. Users must read and understand the relevant policies published by Fele Express. By requesting Driver Carries and Additional Assistants Service, Users warrant that they have accepted and shall comply with all the policies published by Fele Express and Applicable Law and regulations with respect to such requirements. Additional fee will be applied for Driver Carries and Additional Assistants Service, related cost is based on the Delivery Partner’s sole discretion. Please find the (PH) Driver Carries and Additional Assistants Service Terms v2.
For Services containing Purchase requirements, Users must read and understand the relevant policies published by Fele Express. By ordering Purchase requirements in the Services, Users warrant that they have accepted and shall comply with all the policies published by Fele Express and Applicable Laws and regulations with respect to such requirements. Additional fee will be applied for Purchase Service, related cost will be reflected in the Application. Please find the (PH) Purchase Service and Cash Handling Terms v2.
Fele Express reserves the right to terminate the Account, Services and use of Application in the event of non-compliance with any of the above requirements. Fele Express reserves the right to modify, terminate or suspend the Services to you at any time, without prior notice, due to any changes in our internal policy or the Applicable Laws or any breach of these Terms by you, or for any necessary reason at Fele Express’s sole discretion.
Communication
By creating an Account, you electronically agree to accept and receive communications from Fele Express including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Fele Express. 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 Fele Express, its affiliated companies and/or third party contractors, including but not limited to communications concerning orders placed through your registration with respect to the Services. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Services.
Promotional Offers and Credits
Fele Express, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer.
You agree that promotional offers:
may only be used by the intended audience, for the intended purpose, and in a lawful manner;
may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Fele Express;
are subject to the specific terms that Fele Express establishes for such promotional offer;
cannot be redeemed for cash or cash equivalent; and
are not valid for use after the date indicated in the promotional offer.
Fele Express reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event that Fele Express determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Fele Express reserves the right to modify or cancel an offer at any time for any reason without liability to Fele Express. Fele Express may also offer gratuitous credits to Users, which can be used for the Services. Any credit issued by Fele Express is subject to the specific terms that Fele Express establishes and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your Account. Expired credits are no longer redeemable.
Other Third Party Interactions
While using or accessing the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. Fele Express and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Fele Express has no responsibility or liability arising from any agreements between you and such third party providers.
Payments on the Services
Except in relation to Corporate Account User, use of the Platform is free of cost, but Fele Express reserves the right to introduce a fee for the use of the Platform. (If we introduce this fee you will be notified and accordingly you can decide to continue or terminate your Account).
While using the Services you understand and agree that:
Fele Express, for its own and on behalf of the Delivery Partner, shall charge you any applicable tolls, taxes and any other fees that may be due for a particular use of the Service (“Charges”) for the transportation services and other services provided to you by the Delivery Partner. Fele Express shall charge you the corresponding convenience fee for the use of the Software. Payment of the Charges in such manner shall be considered the same as Charges made directly by you to the Delivery Partner and such Charges may fluctuate from time to time subject to supply and demand and any other factors;
the Charges is due upon the order is placed and will be deducted from your Fele Express Wallet or preferred payment method designated in your Account;
the Charges paid are non-refundable, unless otherwise determined by Fele Express on a case-by-case basis;
Charges quoted are in Philippine Pesos and applicable taxes where required by law;
any priority fee or add-on fee is voluntary, however once you select to pay those fees, they will be added into the Charges and you are obliged to pay them;
Fele Express reserves all right to adjust the charges based on actual circumstances;
any application/request for service is subjected to availability of resources. In the event any application submitted is not processed, Fele Express shall inform the User by email, text message, calls, or push notifications to the mobile device or cellphone number you provide to Fele Express;
Fele Express reserves its full discretion to determine whether to refund to the User the equivalent sum of amount paid in the event Fele Express for any reason is unable to process the application/request;
You may elect to cancel your request for services from the Delivery Partner at any time prior to the arrival of Delivery Partner, in which case you may be charged a cancellation fee without prior notice;
receipt is issued to the User when the payment for top-up or Charges is successful. Negative balance in Fele Express Wallet may lead to the unavailability of the Services.
You can choose to pay for the Charges by the following methods:
Cash Payment:
Cash payment towards the Charges shall be borne by you.
Electronic Payment Gateways:
You may settle the Charges through third-party Electronic Payment Gateways. The process of the payment is subject to the confirmation from the third party payment processor (“Payment Processor”). Fele Express is not responsible for any errors on the Payment Processor’s end. Fele Express shall not be responsible for any unauthorized use of your Electronic Payment Gateways during or after availing the Services.
Fele Express Wallet
Fele Express offers you the facility to make top-up and purchase credits through Fele Express Wallet. This facility is only allowed for IN-APP service requests.
Fele Express has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice.
All credits are pre-paid and are not exchangeable, returnable nor refundable once sold unless required by the Applicable Law or otherwise determined by Fele Express at its own discretion.
You may top up your Fele Express Wallet through the following means:
○ Electronic Payment Gateways
You may top-up and purchase credit through Fele Express Wallet powered by a Payment Processor. The processing of the credit of the balance in your Fele Express Wallet is subject to the confirmation from the Payment Processor. Fele Express is not responsible for any errors on the Payment Processor’s end. Fele Express shall not be responsible for any unauthorized use of your E-Wallet payment instruments during or after your top up of your Fele Express Wallet.
○ Credit Card:
Fele Express offers you the facility to make payments through a credit card enabled by Payment Gateways (“PGs”) or Payment Processors provided by any of Fele Express’s affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (“Card Details”) with the PGs and the Payment Processors for the successful completion of payment towards total transaction amount to Fele Express and authorize the PGs and the Payment Processors to complete such transactions. In this respect, it is clarified that all PGs and the Payment Processors whose services are utilized for the purposes of the Services shall be PCI-DSS (“Payment Card Industry – Data Security Standard”) compliant. Your authorization will remain in effect as long as you maintain an Account in the Platform. In the event you delete your Card Details with the PG or the Payment Processors or if you delete your Account, the PGs or the Payment Processors will not process any further transactions initiated by you. Your authorization under this clause is subject to any other terms and conditions of the PGs and the Payment Processors. Fele Express shall not be responsible for any issue from payments via credit/debit cards.
Any payment related issue, except when such issue is due to an error or fault of Fele Express, shall be resolved between you and the PGs or Payment Processors. The processing of the credit or payment, as applicable, are subjected to all applicable terms and conditions, privacy policies and other terms of applicable PGs or Payment Processors and your credit/debit card scheme in addition to these Terms. Fele Express cannot be held responsible for any errors or faults resulted from the Payment Processors.
○ Bank-in:
Fele Express shall process the application/request for top-up through bank-in only after the User’s payment is cleared by the bank appointed by Fele Express and upon approval by Fele Express.
Intellectual Property Ownership
Fele Express alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Services. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform and the Services, or any intellectual property rights owned by Fele Express. Company names, logos, and the product names associated with the Platform and the Services are trademarks and/or intellectual property of Fele Express 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 Platform and the Services.
By providing content, information or materials (“User Content”) to Fele Express, you grant Fele Express a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that Fele Express only acts as a passive channel for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Fele Express shall not continuously monitor User Content published by you or moderate between Users, nor shall Fele Express be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Fele Express.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Fele Express, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Fele Express or its affiliated companies related to any User Content posted or transmitted by you or your other use of the website, the Service or the Application.
Fele Express reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Fele Express believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to us.
Fele Express respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Fele Express or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Fele Express, without any compensation to you; (ii) Fele Express has no obligation to review your submissions; (iii) Fele Express may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Fele Express has no obligation to keep your submissions confidential.
You may use information on the Platform purposely made available by Fele Express for downloading from the Platform, provided that you:
do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
do not make any additional representations or warranties relating to such information.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the website, the Application or the Service, or any intellectual property rights owned by Fele Express.
Disclaimers
The Services are provided “as is” and “as available.” Fele Express makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free.
Fele Express does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.
Fele Express does not control, manage or direct any third party providers including Delivery Partner. Third party providers are not actual agents, apparent agents, ostensible agents, or employees of Fele Express.
Fele Express does not control, endorse or take responsibility for any User Content or third party content available on or linked to by the Services. Fele Express cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
Limitation of Liability
Except in relation to Corporate Account User, Fele Express is not responsible and shall not be held liable for:
damage/defect/change of item/property from its original state due to substandard packaging;
item/property already damaged/defected/changed before the start of the transportation;
quality of the Services as it is entirely dependent on the Delivery Partner, who is ultimately providing you the transportation and/or logistics services;
any booking that is not accepted;
any damages resulting from the use of or inability to use the Services, including damages caused by wrong usage of the Services, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness;
appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation;
any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including profit and loss, whether based on contract, tort, negligence, strict liability or otherwise, even if Fele Express has been advised of the possibility; and
any lost items during the Services, Fele Express will try to locate the items on a “best-effort” basis but is not responsible for any loss or damages of such items.
Except in relation to Corporate Account User, without limiting the foregoing, to the fullest extent permitted by Applicable Law, in no event will Fele Express aggregate liability arising out of or in connection with these Terms or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of three times the Charges of the order, NGN 5,000.00 (for vehicle type of motorcycle), or NGN 8,000.00 (for other vehicle types) (whichever is less).
Indemnity
By accepting these Terms and using the Service, you agree that you shall defend, indemnify and hold Fele Express, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein;
your violation of any rights of any third party, including Delivery Partner arranged via the Platform; or
your use or misuse of the Service.
Governing Law
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Nigeria. In the case of cross-jurisdictional orders. Fele Express reserves all rights and shall have full discretion to decide on the applicable terms and conditions on a case-to-case basis. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by mediation, arbitration or courts of Nigeria as Fele Express deems appropriate.
General
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fele Express without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms binds and inures to the benefit of each party and the party’s successors and permitted assigns.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
Language Versions
In case of any discrepancy between the English version and any regional language version, the English version prevails.
Corporate Account User Specific Provisions
In addition to the Terms, this section applies to you (“Company”) and your authorized personnel upon your completion of sign-up of Corporate Account at Get Started
Corporate Account User
You acknowledge and understand that your authorized personnel (“Authorized User”) must (i) download and install the Application on a compatible device, (ii) register for and maintain an active personal Account (“Active Account“) until the Corporate Account is terminated.
You shall provide Fele Express with (i) such Active Account holder’s name, (ii) the Active Account holder’s company email address on the top level domain of yours (e.g., name@companydomain.com), and (iii) other identifying information about the Active Account holder as reasonably requested by Fele Express. Fele Express will identify the Active Account and link such Active Account with your Corporate Account. The Authorized User will be able to access to Corporate Account features upon the satisfaction of the above steps (“Corporate Account User”).
You will be responsible for any acts or activities of the Corporate Account User. The Corporate Account User shall be entitled to access to (i) Corporate Order Record, (ii) Corporate Wallet, (iii) Corporate Favorite Drivers, (iv) Corporate Statements. You agree to pay all charges incurred under Corporate Order Record, as well as any applicable fees incurred by Corporate Account Users.
Account Administration
Fele Express’s primary contact with you shall be by way of your appointed administrator set forth in the sign-up page (“Company Admin”). The Corporate Account’s page may enable you to (a) view a current list of all Authorized Users who have been invited and Corporate Account User who have been linked, (b) provide additional Data to invite additional Authorized Users, (c) revoke any Corporate Account User’s access (d) view relevant order information and review balance activity using Portal Data, (e) manage and update the Authorized Users on file, (f) view current, appoint new, and remove Company Admins. You agree to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. Fele Express reserves the right to add, remove and update features and functionality of the Corporate Account at any time without any notice to you.
You agree to (a) maintain all Portal login credentials in confidence, (b) only permit the Company Admin to access the Portal, and (c) update all information of the Company Admins to ensure that it is current, accurate, and complete. You shall be responsible for all activities that occur under your Portal login credentials including keeping and maintaining an accurate list of Authorised Users and current Corporate Account User.
Charges and Corporate Wallet
Charges
Fele Express reserves the right to charge a premium for Corporate Account.
Fele Express Corporate Wallet
In the Corporate Account, Fele Express offers you the facility to make top-up and purchase credits through Fele Express Wallet. This facility is only allowed for IN-APP service requests.
Fele Express has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice.
All credits are pre-paid and are not exchangeable to Personal Account Wallet, returnable nor refundable once sold unless required by the Applicable Law or otherwise determined by Fele Express at its own discretion.
You agree that Company is responsible for all charges incurred under the Corporate Account or by Corporate Account User regardless of whether such charge is authorized by Company.
API Access
Fele Express provides service via API integration, you can refer to detail Fele Express API Terms & Conditions .
Warranties
You further represent and warrant that: (a) you have all rights and permissions necessary to provide Fele Express with the Data and any other information provided to Fele Express hereunder in connection with the Service; (b) you have obtained consent from the Authorised Users to provide Fele Express with any personal data in connection with the Service , (c) you have notified, and obtained consent from Authorised Users that Fele Express will provide them with detailed order information for the Services or other bookings charged to your Corporate User Account.
Protection Promises
Loss, theft, damage, or destruction of Shipments of orders made by selected Corporate Account Users are subject to the protection promises made available by Fele Express in accordance with Goods Protection Promises. Fele Express reserves the right to select Corporate Account Users covered by the Goods Protections.
