TERMS AND CONDITIONS OF USE OF THE 3SQUAREMART PLATFORM FOR COURIERS

As a technological intermediary platform, we care about the security and data processing of couriers using the 3SQUAREMART Platform and are committed to protecting your personal data when using our Platform. By accepting these Terms and Conditions, You acknowledge that You have read and expressly accepted our Privacy and Cookie Policies published both on the website and in the application (collectively referred to as "the Platform"), which form part of these Terms and Conditions.

In addition, we hereby inform You that we may update our Privacy and Cookie Policies from time to time directly on our website and/or application, and You, the courier, accept that the most updated versions will be applicable at all times.

Any persons who do not accept or do not agree with these Terms and Conditions, which are mandatory and binding, shall refrain from using the site and/or services, since the processing of personal data described below is necessary for the proper use of the Platform, as provided for in the Nigeria Data Protection Regulations 2019 and its implementation Framework, and in Article 6.1 of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as the "GDPR").

General Conditions

These Terms and Conditions of Use of the 3SQUAREMART Platform apply to the provision of all technological services provided by 3squaremartapp Nigeria Limited, with address at CS58, Harmonic Plaza, Jabi, FCT, Abuja, Registration number: 7385711 ("3SQUAREMART", the "3SQUAREMART Platform", or "We" as required by the context) to the country in which the service provider (the "Courier", the "User" or "You", as required by the context) must register on our Platform. 3SQUAREMART’s main activity is the development and management of a technological platform through which certain local stores (hereinafter, the "Stores") in some cities can offer their products through a mobile or web application (hereinafter, the "3SQUAREMART Services", the "Services" or the "App"); and, incidentally, where appropriate and if requested by the end customer user (hereinafter, "the Customer User") of said Stores through the application, may act as an intermediary in the immediate delivery of the products. Its aims also include intermediation in collection and/or payment processes and the acceptance and execution of orders to make collections and receive deliveries on behalf of both Customer Users and Stores.

1.1 Additional terms may apply to certain Services. These include, but are not limited to, policies for a particular event, activity or promotion, and You will be informed of this in connection with the applicable Services. Additional terms are in addition to, and shall be deemed to be part of, the Terms and Conditions for the purposes of the applicable Services. In the event of a conflict with respect to the applicable Services, the additional terms shall prevail over these Terms and Conditions.

1.2 These Terms and Conditions and annexes constitute a single document between 3SQUAREMART and You (hereinafter, the "Parties"), and shall be read as a single unit.

Countries in which 3SQUAREMART Operates

2.1. Jurisdiction

These Terms and Conditions and any disputes arising therefrom shall be governed by, and construed in accordance with, the applicable law of the country in which 3SQUAREMART operates and from which You connect to the Platform.

The Parties irrevocably agree that, subject to the provisions set forth below, the local courts shall have jurisdiction over any dispute that may arise.

Nothing in this clause shall restrict 3SQUAREMART’s right to bring proceedings against You in any other court of any competent jurisdiction, nor shall the commencement of proceedings in one or more jurisdictions prevent the initiation of any proceedings by 3SQUAREMART in any other jurisdiction, whether simultaneously or not, to the extent permitted by the laws of the other jurisdiction.

You hereby waive any objection to proceedings in such courts on the basis of the foregoing on the grounds of location or on the basis that the proceedings have been initiated in an inadmissible jurisdiction. Any proceedings You may initiate against 3SQUAREMART with respect to a dispute must be brought in a proper court.

2.2. Your Acceptance

In order to use the 3SQUAREMART Services, it is essential that You meet the following requirements:

(i) You must electronically accept the Special Terms and Conditions based on the country in which You will use the Platform, through the described channel that may be provided by 3SQUAREMART at the appropriate time.

(ii) You must accept these Terms and Conditions of Use.

(iii) You must accept the Privacy and Data Protection Policy provided below.

(iv) You must accept the Cookie Policy.

(v) You must accept 3SQUAREMART’s Standards of Ethics and Business Conduct for Third Parties, as well as all Policies applicable to the 3SQUAREMART Community.

(vi) You shall carry out your activity by contracting through the Platform directly or through a company specialising in logistics services (3PL), as applicable in your country, for a price to be billed fortnightly, weekly or as appropriate.

(vii) The acceptance of these Terms and Conditions and their annexes means that any Terms and Conditions of Use of the Platform that You may have previously accepted have been amended, and You state that the acceptance and entry into force of these Terms and Conditions repeals and overrides any previous versions.

The Parties acknowledge the veracity, authenticity, completeness, validity and effectiveness of these Terms and Conditions and their annexes and their terms, whether they are in electronic format and/or signed by the Parties by means of an electronic certificate or any other digital signature program to which the Parties have conferred full validity. In addition, the Parties expressly grant, authorise, accept and acknowledge as valid any form of proof of authorship of the Parties to these Terms and Conditions by means of their respective signatures with electronic certificates, even if such electronic certificates were not issued by the local authority. Any certificate shall constitute sufficient proof of the veracity, authenticity, integrity, validity and effectiveness of these Terms and Conditions and their terms and of their binding nature on the Parties.

By accessing the 3SQUAREMART Services and registering for the first time on the Platform, entering your account identification data (hereinafter, the "Account Identification Data"), You are accepting these Terms and Conditions, as well as all the Annexes included therein.

You must access your personal account (the "Account") by logging in with your chosen username and personal security code (the "Security Code"). You agree to maintain the confidentiality of your Security Code and to change it on a regular basis. Each Account is personal and unique, and You are therefore prohibited from registering or having more than one Account. In addition, the Account is non-transferable, except in those countries where this is permitted by local law.

In the event of illegitimate use or fraud, 3SQUAREMART may cancel, suspend or disable any two or more Accounts containing the same data or related data that it may have detected, always by human intervention by a 3SQUAREMART agent and allowing the Courier to file a complaint and/or claim against said decision in the event of disagreement in any case. You shall be liable, including but not limited to, under criminal liability, for all transactions carried out under your Account (either by You or by any persons acting as your substitutes), as it can only be accessed with the Security Code and they are subject to acceptance of our Terms and Conditions. You agree to notify 3SQUAREMART immediately, by appropriate and secure methods, of any fraudulent or illegitimate use of your Account, as well as of any access to it by unauthorised third parties. For the avoidance of doubt, any sale, assignment or transfer of the Account that may be considered illegal is prohibited under any circumstances, except in cases of sublease/subcontracting of your Account in accordance with the applicable local legislation.

2.3. Amendments

3SQUAREMART may amend the Terms and Conditions and their annexes at its sole discretion and without prior notice.  

The Amendments shall take effect as soon as the updated Terms and Conditions or any amended policies or additional terms about the applicable Services are posted here by 3SQUAREMART.

If 3SQUAREMART makes important changes to the Terms and Conditions, You will be notified as appropriate in view of the circumstances, for example, by email, SMS, newsletter, notifications on the Platform, etc. You must therefore ensure You read such notices carefully.

If You do not wish to continue using the Services in accordance with the amended Terms and Conditions, You may cancel your Account.

Your continued access to, or use of, the Services after the posting of the Amendments constitutes implied, necessary and sufficient consent to be bound by the Terms and Conditions as amended.

The 3SQUAREMART Platform (the "Technology Services")

3.1 Service Options

You will find a description of our Technology Services options on our website, and we will explain what Services options are available to You when You create a 3SQUAREMART Account. These Terms and Conditions will be applicable to all our Technological Services if You register on the Platform as a Courier User.

Services included within the Platform Usage Fee:

Access to the Platform allowing You to voluntarily and freely offer your delivery services, with the ability to connect at any time and freely choose the orders You want to carry out. Such access includes the possibility for You to offer your services to any of the other Users of the Platform (Customer Users, Stores, etc.), regardless of which 3SQUAREMART Group company (3SQUAREMART and/or its subsidiaries and/or related companies) manages the Platform to which You have connected and always according to the availability of the country from which You are connecting.

Access to insurance cover for the duration of your connection to the Platform.

Access to a support and help service in the event of any technical issues that may arise.

Management and intermediation in the Collection and Payments service.

Acquisition and/or use of materials that can be requested by You.

Services included within the Activation Fee (if applicable to the country where You connect):

Creation of the Courier's Profile to use the 3SQUAREMART Platform.

Acquisition and/or use of materials that can be requested by You.

Likewise, 3SQUAREMART may offer other Products and Services not included in the Fee, which the Courier may, as appropriate according to the legislation of each country, voluntarily acquire or contract through one of our sales channels.

3.2 Promotions

From time to time and under agreements reached with partner merchants, we may offer promotions, general promotions or a reduced 3SQUAREMART Fee ("Promotion"). 3SQUAREMART may establish whether You are eligible for a Promotion, as well as withdraw or amend the conditions of the Promotion, at any time, without prior notice and without liability, to the extent permitted by the applicable law. It is hereby stated for the record that You can freely decide to accept or reject the opportunity to benefit from the Promotion.

You hereby agree that the Promotion:

(i) must be used for the intended purposes and in a lawful manner;

(ii) may only be used in accordance with the specific terms set out by 3SQUAREMART for such Promotion;

(iii) may expire before You have used it;

(iv) 3SQUAREMART reserves the right to withhold or deduct credits or other specific characteristics or benefits that You or any other User would have obtained through the use of a Promotion if it decides or believes that the use or redemption of the Promotion has been made by error, fraudulently, illegally or in violation of the applicable terms of the Promotion or these Terms and Conditions. In any case, the process of withholding or deducting credits or other benefits shall involve human intervention by a 3SQUAREMART agent and shall allow the Courier to file a complaint and/or claim against said decision in the event of disagreement in any case.

3.3 Information

In order to prioritise your experience as a Courier through the Platform, 3SQUAREMART may offer You non-binding information panels or communications to provide You with valuable information so that You can take full advantage of the Services contracted with 3SQUAREMART. 3SQUAREMART is not responsible for the use of such information and/or any unintentional errors that may arise in relation to it.

3.4 Technical Faults

3SQUAREMART shall not be liable for any events of force majeure, including, by way of example without limitation, power cuts or interruptions to the Internet service or the telecommunications infrastructure, pandemic, riots/strike/lockouts or decisions of local government bodies or authorities beyond its control that may affect or interrupt the availability of the Platform or the proper provision of the Services provided by 3SQUAREMART.

3SQUAREMART may, temporarily and in accordance with the legitimate interests of its Users, restrict the availability of the 3SQUAREMART Platform or certain areas or features thereof if necessary due to limits of capacity, security or integrity of our servers, or to carry out maintenance actions to ensure the smooth or improved operation of the 3SQUAREMART Platform. From time to time, 3SQUAREMART may improve and modify the 3SQUAREMART Platform and add new Services. 3SQUAREMART will notify Users of any changes to the Platform unless they are only minor and have no material effect on the normal use of the Platform.

Use of 3squaremart's Technological Services

4.1 Who is the Courier?

By accepting these Terms and Conditions, You also become a user of the 3SQUAREMART application. You can thus use and connect to the 3SQUAREMART Platform flexibly and at your sole discretion. You access the Platform in order to use a technology of the Platform that allows You to connect with other Platform Users, such as Stores, Customer Users, other Couriers or other Users.

If in your country, You use 3SQUAREMART as: 

An Independent Courier User: You can set your own schedules to connect to the Platform and keep your profile registered. You will act on your own behalf and interest and use your own materials to carry out the activity;

Courier User in a logistics services company: As a part of a logistics service company that uses the Services of the Platform, You will act in accordance with the instructions of that company.

3SQUAREMART will not direct, control or be considered to direct or control your actions or conduct within the framework of these Terms and Conditions, including with respect to the provision of its Services to other Users of the Platform.

You acknowledge that there is no obligation or relationship of exclusivity between You and 3SQUAREMART, so that You may, at your sole discretion, offer services or perform any other commercial or work activities for other parties, whether or not they are related to the industry in which 3SQUAREMART operates.

4.2 Termination of Services

Prior to the termination of the Services, the Parties agree to settle any debts, outstanding obligations or commitments previously agreed in relation thereto. 

The Parties may terminate the Services for the following reasons:

At their own will, at any time and without prior notice, unless the Parties agree otherwise in writing.

For breach of any of the obligations established in these Terms and Conditions.

If it becomes impossible to comply with one or more provisions of these Terms and Conditions.

Due to failure to comply with 3SQUAREMART's Standards of Ethics and Business Conduct for Third Parties and/or any other 3SQUAREMART Policy applicable to all Users of the Platform.

For breach of the local legislation by the Courier that may constitute a breach of good faith between the Parties.

In any other circumstances resulting in tax, social security, financial, commercial, organisational or reputational damage to the other Party or to a third party, regardless of the amount or extent of the damage caused. 

For use of the 3SQUAREMART Platform for abusive or fraudulent purposes that could cause property and/or other damage to any Users of the platform.

In situations of force majeure, in accordance with clause 8.5 of these Terms and Conditions.

Obligations and Restrictions

5.1. Courier Users:

5.1.1 Your Use of 3SQUAREMART’s Technology Services:

In order to use 3SQUAREMART’s Technology Services, You must register and create a complete, up-to-date and active Account. This includes, as appropriate but without limitation, the following obligations:

To be properly registered so you can carry out the delivery activity for all legal, social security and tax purposes and in accordance with the local legislation in force from time to time.

To pay punctually for the Services agreed with the Platform.

To submit to 3SQUAREMART certain information, whether personal or as a service provider company, such as your name, address, mobile phone number and age (the legal age for your jurisdiction shall apply), as well as at least one valid payment method.

To maintain accurate, complete and up-to-date information in your Account. You shall be liable for any inaccuracies in the information provided.

To be responsible for all activities performed under your Account, including any carried out by third parties on your behalf, as well as for protecting the security and secrecy of your Account username and password (Security Code) at all times.  

You agree to comply with all applicable laws, including local, national and supranational laws and regulations, when using 3SQUAREMART’s Technology Services, and You may only use the Services for legitimate purposes.

You agree not to use 3SQUAREMART’s Technology Platform to cause problems, disadvantages, fraud or property damage to third parties.

In the event that You decide to subcontract your Courier User Account, You must do so in accordance with the local legislation, whenever this allows it, and internal processes shall be applied to adapt the operation. 3SQUAREMART will not be liable for any damage or breach that may be caused by You and/or your subcontractors. In this regard and in order to avoid abusive and/or fraudulent behaviour, 3SQUAREMART may request documentation regarding compliance by the Courier holding the 3SQUAREMART Account and its subcontractors.

You hereby declare that You have the legal capacity to enter into contracts and that You are of legal age in the relevant country.

Only goods and services that are not tacitly or expressly prohibited in the Terms and Conditions or other policies of 3SQUAREMART or by the current legislation may be included under these Terms and Conditions. For more information about prohibited products or services, please refer to our Prohibited Item Policies in these Terms and Conditions or in the General Terms and Conditions of Use applicable to Customer Users.

3SQUAREMART will always prioritise your User experience as part of its Services. 3SQUAREMART may create information panels in order to include your preferences as a User of the 3SQUAREMART Platform and improve your experience on it.

You, as a professional and a Courier, are responsible for the provision of your services and for the risks of your business as well as, where appropriate, for the couriers subcontracted by You.

You undertake to verify and comply with the relevant health and safety requirements applicable to different types of goods (by way of example without limitation. More