Terms Of Service

Terms (Last Modified in May 2021)

The following outlines the terms of use of the MAX’s services, Applications, content, products and website (“together, the Services”).  Before using any of the MAX Services, you are required to read, understand, and agree to these terms.

1. Contractual Relationship

These terms and conditions of use (“Terms”) govern the access or use by you of the Services made available by Metro Africa Xpress Inc. and its subsidiaries (“MAX.NG”).

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and MAX.NG. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. MAX.NG reserves the right to immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to some of the Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Services.

MAX.NG may amend the Terms related to the Services from time to time. Amendments will be effective upon posting of such updated Terms at this website or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

2. The Services

2. 1 The Services constitute a technology platform that enables users of MAX.NG’s mobile Applications, products, contents, or websites provided as part of the Services, to arrange and schedule transportation and/or logistics services with independent third-party providers of such services, including independent third-party transportation providers and independent third-party logistics providers under agreement with MAX.NG. Unless otherwise agreed by MAX.NG in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

You acknowledge that MAX.NG does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third-party contractors who are not employed by MAX.NG. MAX.NG has no responsibility or liability for any transportation services voluntarily provided to any user by any driver using the application. MAX.NG has no responsibility for the actions or conduct of third-party drivers or users. MAX.NG has no obligation to intervene in or be involved in any way in disputes that may arise between third-party drivers or, riders. Responsibility for the decisions you make regarding providing or accepting transportation rest solely with you. It is your responsibility to take reasonable precautions in all actions and interactions with any party you may interact with through the use of the Services. MAX.NG may but has no responsibility to screen or otherwise evaluate potential riders or users. You understand and accept that MAX.NG has no control over the identity or actions of the riders and drivers.

2.2 License Grant.

MAX.NG grants you a revocable, non-exclusive, non-transferable, limited right (a)to access, install and use the Application on your Device solely in connection with your use of the Services, (b) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by MAX.NG.

The term "Application" shall refer to and consist of the following: (i) the mobile software application including, without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific website the Application directs you to via any browser located on a phone, personal computer or such other device (“Device”).

2.3 Restrictions on Use.

You shall use the  Services strictly in accordance with the Terms and shall not:

(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;
(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;
(c) violate any applicable laws, rules or regulations in connection with your access or use of the Services;
(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MAX.NG or its affiliates, partners, suppliers or the licensors of the Services;
(e) use the Application or any part of the Services for any revenue-generating endeavour, commercial enterprise, or other purposes for which it is not designed or intended;  
(f) use the Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by MAX.NG; or
(g) use any proprietary information or interfaces of MAX.NG  or other intellectual property of MAX.NG in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Services.

2.4 Restriction on transfer.

You may not rent, lease, lend, sublicense or transfer the Services, the license or any of the rights granted hereunder. Any attempted transfer in contravention of this Terms shall be null and void and of no force or effect.

3. Intellectual Property Rights

All copyrights, patents, trademarks, trade secrets and other intellectual property rights associated with the Services are, and shall remain, the property of MAX.NG. Except as expressly stated in this Terms, you are not granted any intellectual property rights in or to the Services by any means whatsoever.

4. Third-Party Services and Content

The Services may be made available or accessed in connection with third-party services and content (including advertising) that MAX.NG does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. MAX.NG does not endorse such third-party services and content and in no event shall MAX.NG be responsible or liable for any products or services of such third-party providers.  MAX.NG hereby disclaims any representation, warranty or guaranty regarding the third-party services and content whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the third-party content and services.MAX.NG reserves the right to restrict or deny access to any third-party content and services otherwise accessible through the Services, however, MAX.NG has no obligation to restrict or deny access even if requested by you.

5. MAX.NG’s Marks.

You are not authorized to use MAX.NG’s trademarks in any advertising, publicity or any other commercial manner without the prior written consent of MAX.NG which may be withheld for any or no reason.

6. Infringement Acknowledgement.

You acknowledge and agree that, in the event of a third-party claim that the Application or your possession or use of the Services infringes any third party's intellectual property rights, you will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify MAX.NG in writing of such a claim.

7. Your Use of the Services

7.1 User Accounts

To use some aspects of the Services, you may be required to register for and maintain an active personal user account (“Account”). Account registration requires you to submit to MAX.NG certain personal information, such as your name, address, mobile phone number and age.  You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or MAX.NG’s termination of this Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

7.2 User Requirements and Conduct

You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. YInour use of the Services, you will not cause nuisance, annoyance, inconvenience, or property damage, by to the third-party provider or any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

7.3 Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. MAX.NG does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

8. Use of Information

8.1 Consent to use information

You authorize and consent to the collection, storage and use, by MAX.NG and its affiliates, partners and agents, of any information and data related to or derived from your use of the Services and any information or data that you provide to MAX.NG and its affiliates, partners and licensors ("Information"). The Information may include, without limitation, the following types of information and data, in an aggregate search request, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, you may not provide or disclose any information or data that is personally identifiable to you. The Information will be treated as being non-confidential and non-proprietary, and MAX.NG assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products and services incorporating such Information.

8.2 Privacy Policy

You represent that you shall comply with the terms and conditions of the MAX.NG Privacy Policy, which sets forth and describes the practices of MAX.NG concerning the collection, use and disclosure of Information in connection with your use of the Services.

9.  Termination

MAX.NG may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate the license and the rights afforded to you hereunder with or without prior notice. If you fail to comply with any terms and conditions of this Terms, the license and any rights afforded to you under this Terms shall terminate automatically, without any notice or other action by MAX.NG. Upon the termination of this Term, you shall cease all use of the Services and uninstall the Application.

10.  Disclaimer of Warranties

You acknowledge and agree that the Services and Application are provided on an "as is” and "as available" basis, and that your use of or reliance upon the Services and any third-party content and services accessed thereby is at your sole risk and discretion. MAX.NG and its affiliates, partners, suppliers and licensors hereby disclaim any representations, warranties and guarantees regarding the application and third-party content and services, whether express, implied or statutory, and including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Furthermore, MAX.NG and its affiliates, partners, suppliers and licensors make no warranty that (i) the Services and/or third-party content and services will meet your requirements; (ii) the Services and/ or third-party content and services will be uninterrupted, accurate, reliable, timely, secure or error-free; (iii) the quality of any products, services, information or other material accessed or obtained by you through the Services will be as represented or meet your expectations; or (iv) any errors in the Services or third party content and services will be corrected. No advice or information, whether oral or written, obtained by you from MAX.NG or from the Application shall create any representation, warranty or guaranty. Furthermore, you acknowledge that MAX.NG has no obligation to correct any errors or otherwise support or maintain the Application and/or Service

11. Limitation of Liability.

Under no circumstances shall MAX.NG or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the Services or and any third-party content and services, whether or not the damages were foreseeable and whether or not MAX.NG was advised of the possibility of such damages. Without limiting the generality of the foregoing, MAX.NG's aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

12. Indemnification

You agree to indemnify, defend and hold harmless MAX.NG and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Services or third-party content and services; (ii) your breach of this Terms; (iii) your violation of law in connection with your use of the Services; (iv) your negligence or willful misconduct in connection with your use of the Services; or (v) your violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of this Terms.

13. Compatibility

MAX.NG does not warrant that the Services will be compatible or interoperable with your Device or any other piece of hardware, software, equipment or device installed on or used in connection with your Device. You acknowledge and agree that MAX.NG and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

14. Product Claims

You acknowledge that you are responsible for addressing any third-party claims relating to your use of the Services, and agree to notify MAX.NG of any third-party claims relating to the Application of which you become aware. Furthermore, you release MAX.NG from any liability resulting from your use of the Services including, without limitation, the following:

(i) any product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and
(iii) any claim arising under consumer protection or similar legislation.

15. Miscellaneous

15.1 Governing Law

This License shall be deemed to take place in Nigeria and shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, excluding its conflicts of law principles. This Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

15.2 Severability.

If any provision of this Terms is held to be invalid or unenforceable with respect to a party, the remainder of this Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Terms shall be valid and enforceable to the fullest extent permitted by law.

15.3 Entire Agreement.

This Terms constitute the entire agreement with respect to the use of the Services.

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